US plans to allow spouse of H-1B visa holder to work

Spouses of H-1B visa holders with technical skills may be allowed to work in the United States under a new initiative by the Obama administration to attract the best and brightest from across the world.

The Department of Homeland Security (DHS) will soon publish several proposed rules that will make the U.S. more attractive for talented foreign entrepreneurs and other high-skill immigrants who will contribute substantially to the U.S. economy, create jobs, and enhance American innovative competitiveness, the White House said in a statement.

“These proposed regulations include rules authorising employment for spouses of certain high-skill workers on H-1B visas, as well as enhancing opportunities for outstanding professors and researchers,” it said on Monday.

“These measures build on continuing DHS efforts to streamline, eliminate inefficiency, and increase the transparency of the existing immigration system, such as by the launch of Entrepreneur Pathways, an online resource centre that gives immigrant entrepreneurs an intuitive way to navigate opportunities to start and grow a business,” it said.

From the statement, it appears that spouses of H-1B visas are unlikely to get a blanket approval to work in the U.S. Only certain categories of spouses of such visa holders, mainly from the science and tech category, are likely to get the nod.

Only SC can allow Musharraf to leave country

 

 

ISLAMABAD: There is no authority except the Supreme Court of Pakistan that can allow General Musharraf to leave the country as the accused VVIP’s name was put on the ECL on the orders of the apex court.
Prime Minister Nawaz Sharif, who has turned down Musharraf’s plea to leave the country, was given the legal advice that the federal government could not remove the name of the accused from the ECL unless the apex court order, dated April 8 2013, was recalled, varied or modified by the Supreme Court.

A three-page legal opinion given to the government reminded the Prime Minister and his government of the apex court’s order, which specifically directed the federation and all its functionaries to ensure that Musharraf does not move out of the jurisdiction of Pakistan.

On April 8, 2013 during the pendency of Civil Petition No 2255/2010 titled Molvi Iqbal Haider vs Federation of Pakistan and connected matters, according to the legal opinion, the Supreme Court of Pakistan passed an order in the following terms: “The Counsel representing the petitioners particularly Mr A.K.Dogar and Mr. Hamid Khan have submitted that the respondent General (R) Pervez Musharraf be taken into custody for the purpose of trial under Article 6 of the Constitution read with the provisions of High Treason (Punishment) Act, 1973. We are, however, of the opinion that in the first instance, notice of these petitions be served on the said respondent for tomorrow. The Inspector General of Police, Islamabad and, if necessary, the Inspectors General of Police in the Provinces, shall ensure service on the aforesaid respondent. The Secretary Interior shall also make sure that if the name of the aforesaid respondent General (R) Pervez Musharraf is not already on the Exit Control List, this shall be done forthwith and a compliance report of this order shall be submitted in Court during the course of the day. The Federation and all its functionaries shall also ensure that the respondent does not move out of the jurisdiction of Pakistan until this order is varied/modified.”

The government was informed that General Musharraf filed miscellaneous applications for the recall of the condition of remaining in the country imposed on him. During the hearing of said applications on 16.12.2013 in the Sindh High Court, the Attorney General Munir A Malik appeared on behalf of the Secretary Interior and specifically took the plea that even the apex court had directed that in case the applicants name was not already placed on ECL then his name be placed on the ECL. The said order of the apex court was explicitly mentioned by the SHC as referred to by the Attorney General.

Referring to these court orders, the legal opinion said, “Now the legal question arises as to whether in the wake of order dated 08.04.2013 passed by the Hon’ble Supreme Court the name of General ® Pervez Musharraf can be removed from ECL by the Federal Government? The answer to the above issue is in the negative for the following reasons:

a) The Hon’ble Supreme Court specifically ordered the Federation and all its functionaries shall also ensure that the respondent does not move out of jurisdiction of Pakistan until this order is verified/modified.

b) Despite the disposal of C.P. No.2255/2010 and the connected matters vide order dated 03.07.2013, the learned Attorney General took a specific ground that the order dated 08.04.2013 holds the field and has binding effect.

c) Now after taking/arguing the abovementioned specific plea before Hon’ble Sindh High Court, the Federal Government cannot retract or deviate its earlier position and remove the name of General (R) Pervez Musharraf from ECL unless order dated 08.04.2013 is recalled, varied or modified by the Hon’ble Supreme Court.

d) The General (R) Pervez Musharraf, if so advised, may approach the Hon’ble Supreme Court of Pakistan for the relief sought for.”

Pakistan not to allow use of its soil against Afghanistan: PM

ISLAMABAD: Prime Minister Nawaz Sharif on Wednesday said the government would not allow the use of Pakistani soil against Afghanistan.
Talking to the United Kingdom’s National Security Adviser Kim Darroch, who called on him at the PM House, the prime minister said: “Our soil will not be used against Afghanistan and we support the democratic process in Afghanistan.”

The British Chief of Defence Staff, General Sir Nicholas Houghton, Special Representative on Afghanistan and Pakistan Simon Gass and British High Commissioner to Pakistan Philip Barton also accompanied the visiting dignitary.

Adviser to the PM on Foreign Affairs and National Security Sartaj Aziz and PM’s Special Assistant Tariq Fatemi also attended the meeting.The prime minister said that Pakistan believes in the policy of non-interference.

He said Pakistan was facing huge challenges. “The major issues faced by Pakistan are the economy, energy and terrorism. Our progressive policies have shown positive results on the economy, while we have taken concrete steps to overcome the energy crisis. In order to tackle the issue of terrorism, we have evolved a consensus amongst all the stakeholders for dialogue,” he added.

Nawaz said that Pakistan did not want to fall into an arms race in the region and wanted peace and stability in the region. “There is a need to enhance investment in the social sectors of health and education and we have taken steps towards these ends,” he added.

The prime minister also appreciated the UK’s support for Pakistan in social sector.Kim Darroch said the UK supported the objectives of Pakistan’s internal security. He also expressed his confidence in Pakistan’s economic policies and added that the economy was poised to take off.

The British NSA said that his government was committed to providing more support to Pakistan in all fields, particularly for countering terrorism. He said Pakistan and the UK had similar priorities with regard to Afghanistan.

Supporting the ongoing dialogue process with the Taliban by Pakistan, he expressed the UK government’s best wishes for its success.Sir Nigel Kim Darroch is a senior British diplomat who is holding the office of the NSA since June 2011.

Will govt allow Musharraf to go abroad?

ISLAMABAD: Government ministers, in their deliberations on Musharraf’s request to remove his name from the Exit Control List (ECL), have referred to the case of an ex-diplomat who despite the commitment given to the apex court never returned to face trial.

Sources told The News that during intense discussions among the top government leadership on Tuesday, some ministers opposed those who were making a case for allowing Musharraf to leave the country after “he became ready to be indicted” by arguing that the PML-N will lose face forever and the remaining part of the trial will become a mere joke. Musharraf is facing charges of treason for abrogating and breaching the Constitution on November 3, 2007.

However, a senior PML-N minister told The News that the top ruling party leadership had not reached any decision on Tuesday and there would be another top-level meeting on Wednesday. The statement of this top minister of Nawaz cabinet only certifies that Musharraf will not leave the country, at least on Tuesday night or Wednesday morning.

The former diplomat was allowed to leave the country by the Supreme Court for a short period after strong assurances given by himself and his lawyer on January 30, 2012. To get his name removed from the Exit Control List, the former diplomat had submitted an application through his counsel before a nine-member larger bench, headed by the then Chief Justice Iftikhar Muhammad Chaudhry, and volunteered to return to Pakistan any time on four-day notice to join the proceedings, if and when required to do so. On the basis of these assurances, he had sought from the apex court the removal of his name from the Exit Control List, so that he could travel outside Pakistan and join his family abroad.

According to sources, even now some PML-N leaders, due to certain pressure, want to allow Musharraf to leave the country after giving ‘assurances’ that he will return when required. Others say that even those putting forward this suggestion know that he will never return.

The former diplomat had feared that his life might be in danger if he came back. On the other hand, Musharraf, to avoid court appearances while being in Pakistan, has repeatedly taken the plea that his life was in danger.

After leaving the country, the former diplomat refused to return despite all assurances. Later, on July 9, 2012, the Supreme Court summoned him to appear before the apex court on July 12, 2012 but he never turned up.

Similarly, on November 12, 2012, when the former diplomat did not appear on grounds of security concerns, the apex court summoned the federal secretary interior on November 13, 2012, who assured foolproof security but the former diplomat still never came to Pakistan.

Then on June 4, 2013, a larger bench of the Supreme Court directed the federal government to use all legal and constitutional measures to bring the former diplomat back to Pakistan. Interestingly, the counsel for the former diplomat told the Supreme Court that as one of the petitioners against her client, Muhammad Nawaz Sharif, was set to become the prime minister of Pakistan, so he could not come to Pakistan because of severe security threats.

The Supreme Court order to bring the former diplomat was directed to the Nawaz Sharif government but the record establishes that no effort was made through diplomatic channels to bring him back. It is obvious that if the Nawaz government was unable to bring the former diplomat back, who enjoyed very little backing of foreign rulers as compared to Musharraf, it would be unable to do anything in the case of Musharraf.

Though saner elements in the cabinet are advising the top leadership to save the public image and credibility of the party, sources say the leadership is inclined to allow Musharraf to flee. No one was ready to speak on the record from the federal government’s side.

While those who participated in Tuesday’s deliberations say that the top leadership is now ready to allow Musharraf to go, the party’s Central Secretary Information Senator Mushahidullah Khan says that the final decision will be taken in the “next meeting”. When asked by The News when this next meeting would be held, Mushahidullah said that it could be held anytime. When told that a senior minister had informed The News that the next meeting would be held on Wednesday, Mushahidullah said, “No. It could be held any time, even tonight (the night between Tuesday and Wednesday) or it can be delayed.”

Mushahidullah Khan was told by The News that the senior PML-N leadership was confirming that the decision to allow Musharraf to leave the country had been taken and would be announced and defended publicly at an appropriate time. Will such a decision hurt the credibility of a leading democratic party of the country? Mushahidullah said that as the decision would be taken in the next meeting, so he would comment after that and any comment on the credibility of the party before the next meeting would be unfair.

Mushahidullah’s tone was subdued and apparently he was preparing himself to defend his party in the public for helping a dictator flee the country at a time when the judiciary has indicted him in the high-treason trial.