As per this report  in rediff.com, a recent memo dated January 8 from Donald Neufled ,Assistant Director Operations of USCIS specifies that the petitioner for the Visa should be present at the place of work. What one attorney terms as “overzealous interpretation” of the rule by immigration officials at Newark airport resulted in several Indian H1-B holders being deported.

Fifty to 80 percent of Indian H-1B visa holders come for a consulting company. Their companies will send them to client sites. The new rule stipulates that the petitioner of the visa should be present at the work place,” according to Aman Kapoor, founder of ImmigrationVoice, an organization working for H-1B visa holders and Green Card applicant

From what I understand the new rules are aimed at curbing rampant misue of the H1-B visa where by techies are brought in on the basis of petitions filed for “job A” and then body shopped to client sites which have nothing to do with the original petiion. Whatever the reason, the recent incidents have sparked allegations that the immigration officials were actively targeting Indian H1-B holders. Those that were deported ( some were allowed to withdraw their petitions for entry) unfortunately are barred from trying to enter the USA for a period of 5 years.

I do not have much faith in the rediff article since it extensively quotes immigration attorneys who are hardly objective.

Can any one of our readers confirm the facts ?

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