US President Donald Trump has announced relaxations in restrictions for H-1B work visa applications, allowing some to re-enter the United States for the first time since a suspension was ordered in June. There are conditions in place for who will be allowed entry into the country.
According to the new exemptions issued by the US Department of State on Wednesday, applicants who are looking to return to jobs held in the US with the same employer and in the same position and visa category can resume their work. The agency issued several conditions for reentry, which are also applicable to L1 visa applicants.
“Forcing employers to replace employees in this situation may cause financial hardship,” the notice stated.
On June 22, Trump signed a proclamation that suspended the entry of certain non-immigrant visas into the country, including H-1B, H-1B and L-1, until December 31, 2020. This was done with the view of protecting American jobs, as unemployment rates soared amidst the COVID-19 pandemic. This proclamation however did not apply to applicants who were already in the United States as of June 24.
The exceptions now allow certain categories of employees to secure their visas. This will additionally be scrutinised by the consular officers. “Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States,” it stated.
Public health and healthcare professionals or researchers conducting COVID-19 research are also exempted, as is travel support by a request from a government agency of the US or to “meet critical US foreign policy objectives or to satisfy treaty or contractual obligations.”
The H-1B applicants should also be paid a wage rate that exceeds the current rate by at least 10 percent. The notice stated that the higher wage “suggests that the employee fills an important business need where an American worker is not available.” The applicant's education, training or experience will also be taken into consideration.
Guidelines have also been issued for other visa applicants, including H-1B, J-1, L-1A, L-1B, H-4, among others.
Major US tech giants recently signed onto a lawsuit against the Trump administration’s suspension of issuance of new visas. Indians are the largest holders of the H-1B visas and the suspension hit them hard, keeping families apart and preventing those who had built lives in the United States from going back until the end of the year.