Trump administration permits sure exemptions in H-1B, L-1 journey ban

Washington, August 13

In a transfer that might assist Indian IT professionals and people working within the well being care sector, the Trump Administration has introduced sure exemptions in H-1B and L-1 journey ban for these persevering with employment with the identical employer.

The exemptions to the June 22 Presidential Proclamation 10052, generally known as the H-1B or L-1 Travel Ban, additionally embrace the relations of the H-1B, L-1 and sure classes of J1 visas.

President Donald Trump, in his June proclamation, banned the entry into the US of employees in a number of key non-immigrant visa classes, together with the H-1B, arguing that they eat into American jobs in the course of the COVID-19 pandemic.

The H-1B visa is a non-immigrant visa that permits US firms to make use of international employees in speciality occupations that require theoretical or technical experience. Companies depend upon it to rent tens of 1000’s of staff annually from international locations like India and China.

The State Department, which issued the revised journey advisory, on Wednesday stated that the exemptions had been given beneath nationwide curiosity class.

In its advisory, the State Department stated that H-1B and L-1 visas can now be issued for workers who’re “seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification.”       

Forcing employers to switch present staff could trigger monetary hardship, it stated.

All these on H-1B visas working within the well being care sector, particularly these associated to the COVID-19 pandemic, or to conduct ongoing medical analysis in an space with a considerable public well being profit (eg most cancers or communicable illness analysis) are additionally exempted from the July 22 journey ban.

Notably in the previous couple of weeks, a number of lawmakers have written to the Secretary of State to exempt the well being care sector from the journey ban on H-1B, L1 and J1 visas.

Further new components have been set forth to additionally permit H-1B visas to be issued when no less than two of the 5 indicators are met, the State Department stated.

First, the petitioning employer has a continued want for the companies or labour to be carried out by the H-1B non-immigrant within the United States. Cases the place Labour Condition Applications (LCAs) had been accepted throughout or after July 2020 or if the LCA was accepted earlier than July 2020, the consular officer should have the ability to decide from the visa software the persevering with want of the worker with the US employer.

But, if an applicant is presently performing or is ready to carry out the important features of the place for the possible employer remotely from outdoors the US, this criterion can’t be met, the State Department stated.

Second, the applicant’s proposed job duties or place throughout the petitioning firm point out the person will present vital and distinctive contributions to an employer assembly a vital infrastructure want.

Critical infrastructure sectors are chemical, communications, dams, defence industrial base, emergency companies, power, monetary companies, meals and agriculture, authorities amenities, well being care and public well being, data expertise, nuclear reactors, transportation, and water programs.

Third, the wage charge paid to the H-1B applicant meaningfully exceeds the prevailing wage charge by no less than 15 per cent. When an H-1B applicant will obtain a wage that meaningfully exceeds the prevailing wage, it means that the worker fills an necessary enterprise want the place an American employee will not be obtainable, the State Department stated.

Fourth, the H-1B applicant’s schooling, coaching and/or expertise show uncommon experience within the specialty occupation wherein the applicant will probably be employed. For instance, an H-1B applicant with a doctorate or skilled diploma, or a few years of related work expertise, could have such superior experience within the related occupation as to make it extra doubtless that she or he will carry out critically necessary work for the petitioning employer, it stated.

And lastly, the denial of the visa will trigger monetary hardship to the US employer.

The exemptions for L1 visas are largely much like that of the H-1b. L-1A candidates in search of to ascertain a brand new workplace within the United States doubtless don’t fall into this class, until two of the three standards are met and the brand new workplace will make use of, instantly or not directly, 5 or extra US employees, the State Department stated.

The nationwide curiosity exemptions are additionally obtainable to their spouses and dependents as effectively, it stated.

These embrace these on H-4, L-2 and J-2 visas. National curiosity exceptions can be found for many who will accompany or observe to affix a principal applicant who’s a partner or mum or dad and who has been granted a nationwide curiosity exception to the presidential proclamation. PTI

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