More exemptions for work visas granted by the US

More exemptions for work visas granted by the US

The US government has made a move in a positive direction. The US State Department has announced that L1 and H-1B visas can now be issued for employees who are trying to resume their ongoing employment in the US. They will retain the same position with the same employer. The visa classification will also not change for them.

This is a move that will benefit many international IT professionals. It will also provide an advantage to the US healthcare sector. It was on June 14, 2020, that the Trump administration had banned work visas including H-1B and L1 visas for the rest of 2020. Following this, exemptions have now been applied for certain holders of L1, J1, and H-1B visas. Their family members have also gained the advantage of the exemptions.

With the visa ban, the entry of thousands of international workers was blocked across various non-immigrant categories of visas. The Trump administration had argued that the work visa ban was a move to ensure that American workers get more opportunities to work in USA. Trump thought that allowing more foreign workers would limit job opportunities for US citizens. The COVID-19 crisis has already taken away the jobs of millions of US citizens.

The State Department made announcements about exemptions introduced under the “national interest” category. The State Department is well aware that forced replacement of foreign workers with American citizens will cause great hardship financially.

Workers with H-1B visa in the health sector are exempt from Trump’s work visa ban that has turned controversial. This includes the ones who have been fighting against the COVID-19 pandemic from the frontline.

Lawmakers have written to Mike Pompeo, the US Secretary of State, to urge him to exempt the healthcare workers from L1, J1, and H-1B visa restrictions. The State Department is bringing many new factors that will allow the issuance of H-1B visas. But for this, 5 key indicators have to be met. They are:

  • An employer submitting a petition requires the labor or services to be rendered by a non-immigrant in the US with an H-1B visa. In case the applicant is at present performing the necessary duties for the employer remotely from outside the US, that won’t satisfy this condition.
  • The job role of the applicant in a petitioner company must be unique and significant to the employer. It should also meet a critical infrastructure requirement.
  • The salary of the H-1B visa applicant must be in excess of their wage at present by at least 15%.
  • The education of the applicant for an H-1B visa and the applicant’s training and experience suggests high-level expertise in the specialty job for which they are employed.
  • The denial of an H-1B visa will result in a financial crisis for an American employer.

National interest exemptions will be applicable to the spouses and dependents of L1, H1B, and certain categories of J1 visa holders. This will include L2, J2, and H4 categories of visas.

If you are looking to Study, Work, Visit, Invest or Migrate to USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Anshul Singhal

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