In a new directive, US President Donald Trump’s administration has made it more difficult to renew non-immigrant visas such as H-1B and L1, popular among Indian IT professionals, saying that the burden of proof lies on the applicant even when an extension is sought.

Rescinding its more than 13-year-old policy, the US Citizenship and Immigration Services, (USCIS) said, in its latest memorandum issued on October 23, that the burden of proof in establishing eligibility is, at all times, on the petitioner.

The USCIS said the previous memorandum of April 23, 2004, appeared to place this burden on the federal agency.

Under the previous policy, if a person was once found to be eligible for a work visa initially, they would usually be considered for visa extension.

Now, during every extension, they need to prove to the federal authorities that they are still eligible for the visa they apply for.

William Stock, president of the American Immigration Lawyers Association, said the change is being made retroactively to people already living in the country and not just to new visa applicants.

“In adjudicating petitions for immigration benefits, including non-immigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine the eligibility for the benefit sought,” USCIS said.

The new policy seems to be is in line with the Trump administration’s goal to protect American workers from discrimination and replacement by foreign labour.

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