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US CAP Act 2025: विदेशी Professors के लिए नया H-1B Ban? Universities में Foreign Workers पर असर

US CAP Act 2025: विदेशी Professors के लिए नया H-1B Ban? Universities में Foreign Workers पर असर

Time of Indiaa day ago
नेहा उपाध्याय
Authored by: • नेहा उपाध्याय
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Navbharat Times• 26 Jul 2025, 4:36 pm
US CAP Act 2025: विदेशी Professors के लिए नया H-1B Ban? Universities में Foreign Workers पर असर
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USCIS draws up an implementation plan to narrow birthright citizenship
USCIS draws up an implementation plan to narrow birthright citizenship

Time of India

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  • Time of India

USCIS draws up an implementation plan to narrow birthright citizenship

USCIS draws up an implementation plan to narrow birthright citizenship In a surprise move, the US Citizenship and Immigration Services (USCIS) has recently drawn up an implementation plan for roll out of President Trump's executive order (EO) that seeks to restrict birthright citizenship. This EO, signed by Trump on Jan 20, curtailed babies born in the US from getting automatic American citizenship unless one of the parents was a US citizen or green card holder at the time of birth of the child. USCIS explains that in the absence of a parent being a US citizen or green card holder, the new born child will take on the same status as that of the mother. This plan takes into cognisance the preliminary court injunction but states that it has been drawn up in the event that the EO is permitted to go into effect. It seeks to address certain legal issues. Currently, children of foreign diplomats born in the US are excluded from American citizenship due to their parents 'not being subject to US jurisdiction'. The implementation plan outlines expansion of this exclusion to include children born to individuals in unlawful status or lawful but temporary status (such as H-1B holders). Cyrus D. Mehta, founder of an immigration law firm based in New York, told TOI, 'The USCIS has a sinister plan to implement Trump's 'currently unconstitutional' birthright citizenship executive order, in case the EO which is currently blocked is allowed to go into effect. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Senior Living Homes in Bishwanath May Surprise You Senior Living | Search Ads Undo Under it, the newborn child will not automatically be a US citizen but would take on the lawful but temporary status of the mother.' In the case of an Indian couple, if the husband holds an H-1B (temporary non-immigrant work visa) and the wife holds an H-4 (dependent visa), the child born in the US to this couple would get a dependent visa status and not American citizenship. As mentioned by TOI earlier, given the decades long backlog for an employment based linked card, hundreds of Indian families with new-borns (post coming into effect of the EO) would be hard hit as neither parent would be a citizen or green card holder and the child would no longer be accorded American citizenship on birth. USCIS proposes to allow children born in the US to register for lawful immigrant status – such as H-4. This approach is modelled after how children of diplomats are currently handled under US immigration law. 'If the mother is unlawfully present the child will also be considered unlawfully present as soon as it is born. The immigration authorities can technically remove the child who is unlawfully present,' adds Mehta. Immigration experts point out many challenges that could arise. What would be the situation if a child is born to a mother whose non-immigration visa status such as an H-4 is pending? Would it ridiculously result in the child being born in the USwith a similarly pending status? questions Mehta. Several immigration attorneys with whom TOI spoke are hopeful that if the litigation reaches the Supreme Court, the EO will be treated as unconstitutional.

US citizenship test too easy? Trump bringing back 2020 naturalisation format
US citizenship test too easy? Trump bringing back 2020 naturalisation format

First Post

time13 hours ago

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US citizenship test too easy? Trump bringing back 2020 naturalisation format

The new director of the USCIS stirred a debate after he said that the present US citizenship test is easy and can be memorised. The Trump government is considering changing the rules of the game read more The Department of Homeland Security is exploring the idea of participating in a television series where immigrants would compete for a chance to become US citizens. File image/ Reuters The new director of the US Citizenship and Immigration Service (USCIS) stirred a debate after he said that the present US citizenship test is easy and can be memorised. The US citizenship test, officially known as the Naturalisation test, is an examination that an applicant has to take to become an American citizen. The test is not for green card holders unless they are applying for citizenship. Joseph Edlow, the new director of USCIS, said that since the tests are too easy, the Trump administration is planning to bring back the 2020 version of the test. STORY CONTINUES BELOW THIS AD For the test, applicants have to submit a former N-400 seeking naturalisation. They would be required to pass a background check and meet residency tenure, along with other requirements. After this, they will have to attend an interview where they take two tests: One is an English test, and the other is a civic test. About the citizenship test As per the USCIS website, when it comes to the civic test, there are more than 100 questions. An immigration officer asks the applicant 10 questions, out of which the applicant must answer at least six correctly. During the first term of US President Donald Trump, there was a new rule for a very brief time, where there were 128 questions. At that time, applicants were asked 20 questions and they had to get at least 12 right. Under the new Trump administration, the USCIS is planning to bring back some version of this type of test. It is pertinent to note that before 2008, the test was random, but the Bush administration introduced the 6 out of 10 questions benchmark. Edlow emphasised that the present version of the test is not really 'in line with the spirit of the law'. Interestingly, the development regarding the US citizenship test came as the Department of Homeland Security proposed sweeping changes for the H-1B visa program. The visa allows US companies to hire foreign workers. According to the latest DHS proposal, H-1B will not be for entry-level workers. It will be only for high-skilled jobs for which there will be a higher salary. If the changes get implemented, US graduates will not lose out on jobs in the entry level, and tech companies will not be able to hire foreign workers at a lower wage, the DHS argued. However, it will put a major dent in the aspirations of foreign workers who want to live the American dream. STORY CONTINUES BELOW THIS AD

Green Card: New US bill could give Green Cards to 8 million immigrants. But will it pass?
Green Card: New US bill could give Green Cards to 8 million immigrants. But will it pass?

Time of India

time14 hours ago

  • Time of India

Green Card: New US bill could give Green Cards to 8 million immigrants. But will it pass?

Academy Empower your mind, elevate your skills Immigrants in the US could qualify for lawful permanent resident status (commonly known as a green card ) if they have lived in the country continuously for at least seven years before applying, do not have a criminal record, and meet all other current eligibility requirements — according to a bill proposed to be introduced in the US Senate by Senator Alex Padilla. The announcement comes against the backdrop of what the bill's backers describe as the 'indiscriminate' immigration enforcement practices of the Trump administration, according to a Times of India bill is likely to be tabled in the US Senate next week, though immigration experts remain doubtful about its passage. Senator Padilla, a senior member of the Senate Judiciary Subcommittee on Immigration, recently drew national attention after being forcibly escorted from a press event led by Homeland Security Secretary Kristi Noem. Senator Dick Durbin will co-sponsor the bill in the Senate, with Representative Zoe Lofgren leading the House version.'This overdue update would provide a much-needed pathway to a green card for more than 8 million people, including Dreamers, forcibly displaced individuals (Temporary Protected Status holders), children of long-term visa holders, essential workers, and highly skilled members of our workforce, such as H-1B visa holders , who have been waiting years for a green card to become available,' says a release from Padilla's enacted, the bill would support hundreds of Indian nationals caught in a lengthy backlog for employment-based green cards and address the issue of family separation due to children 'ageing out' at 21. Currently, these children must either shift to an international student visa or leave the country. A March 2023 study by David J. Bier of the Cato Institute estimated India's EB-2 and EB-3 backlog at 10.7 lakh, with around 1.34 lakh children expected to age out before receiving a green the bill seeks to amend Section 249 of the Immigration and Nationality Act, known as the "Registry," which gives the Secretary of Homeland Security discretion to grant lawful permanent resident status to individuals who have been in the country since a specified date and meet other criteria. Section 249 was last updated in 1986, and the current cutoff date for eligibility remains January 1, 1972 — more than 50 years Padilla had introduced a similar bill in September 2022, which is now being revived and reintroduced. The 'Renewing Immigration Provisions of the Immigration Act of 1929' would amend the Registry statute by updating the eligibility cutoff, allowing individuals who have lived in the US for at least seven years before filing an application to qualify for permanent residency.'Americans know there's a better path forward than the Trump administration's cruel scapegoating of hardworking immigrants and fearmongering in California communities,' said Padilla. 'We believe that if you've lived here for over seven years, paid taxes, contributed to your community, and have no criminal record, then you deserve a pathway to legalization. My bill is a commonsense fix to our outdated immigration system — the same kind of reform Republican President Ronald Reagan embraced four decades ago, calling it a 'matter of basic fairness.' This legislation creates no new bureaucracies or agencies — it simply updates a longstanding pathway to reflect today's reality and provide a fair shot at the American Dream for millions of Dreamers, TPS holders, and highly skilled workers who have faced delays and uncertainty for decades.'(With TOI inputs)

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