US will allow select H1-B visa holders back into the country, lists exceptions to visa ban

Hemani Sheth Mumbai | Updated on August 13, 2020

The Trump administration has relaxed a few restrictions for work visa holders, including H1-B visa holders outside the US, according to an advisory issued on August 12.

The US President Donald Trump on June 22 had signed a proclamation to suspend non-immigrant visas including H-1B till the end of the year in light of the Covid-19 pandemic.

The US Department of State advisory outlines a few exceptions to this proclamation. The US will now allow H1-B visa holders who are currently employed within the US to enter the country if they are returning to the same job that they held before leaving the US.

“Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause financial hardship,” read the advisory.

It will also let visa holders who are working at a higher level within the organisation and those who are earning a significant amount above the set wage rate.

“Travel by technical specialists, senior-level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the US,” it read.

“The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent When an H-1B applicant will receive a wage that meaningfully exceeds the prevailing wage, it suggests that the employee fills an important business need where an American worker is not available,” it added.

The administration will also allow the dependants of these visa holders who fall under the exception. The advisory also detailed exceptions for other types of work visas including H2-B, J-1, L-1A and L1-B.

Previously, the administration had allowed the travel of visa holders who were working as healthcare professionals or researchers who could contribute to curbing the Covid-19 pandemic.

“Travel supported by a request from a US government agency or entity to meet critical US foreign policy objectives or to satisfy treaty or contractual obligations. This would include individuals, identified by the Department of Defense or another US government agency, performing research, providing IT support/services, or engaging other similar projects essential to a US government agency,” the advisory said.

Published on August 13, 2020

Follow us on Telegram, Facebook, Twitter, Instagram, YouTube and Linkedin. You can also download our Android App or IOS App.

This article is closed for comments.
Please Email the Editor

You May Also Like