The US has relaxed H1-B visa restrictions for certain professionals whose travel is necessary for the economic revival of the country.
The United States has taken a decision to relax the restrictions on the entry of non-immigrants holding H1-B visas.
The relaxations will be applicable for healthcare professionals working on COVID-19, individuals critical to US foreign policy, those resuming employment at the same position with the same employer and for those specialists whose travel is necessary for the recovery of the economic condition of the country.
Who all will be allowed to the US?
- While public health workers, health care professionals and researchers are allowed to return to the US with H1-B visas, other researchers who may not directly work on COVID-19 but are helping in other similar areas of concern that have been directly impacted by the pandemic are also allowed to stay in the country.
- If a US government agency or firm has requested for the travel of individuals who are critical to US foreign policy or contractual obligations, they would be allowed to come in.
- This includes individuals performing research, giving IT support who have been identified by the department of Defence or any other government agency.
- The new guidelines clearly say that only those resuming employment in the US in the same position with only the same employer will be allowed into the country.
- Technical specialists, senior level managers and other immediate officers required for the recovery of the economy will be allowed. However, a consular officer will determine if the individual is crucial for the economy.
- If the Labour Condition Application (LCA) of a non-immigrant H1-B worker had been approved by the department of labour during or after July 2020, it would be assumed that the petitioning employer still has the need for the H1-B visa worker and therefore would meet the criteria of continued need.
- However, if the LCA was approved before July 2020, the consular officer will examine the visa application to determine if the individual needs to be approved.
- This criteria will be determined by the consular officers on two grounds:
- Senior level placement or job duties within the petitioning organization that are unique and vital to the management or overall success of the business enterprise.
- If a H1-B applicant receives a wage that is 15% more than prevailing wage rate in the US, they will be allowed in the country as it would suggest that the employee fills an important business need.
- Moreover, any H1-B applicant with a doctorate or professional degree or many years of relevant experience in a relevant occupation who will be critically required for the important work in the country will also be allowed in.
By Gayatri Yellayi
