US Govt Allows H-1B Holders To Enter America; But Only These Workers Are Allowed

The Trump administration has made exceptions to its regulations regarding the visa ban!

An advisory dated August 12 stated that the H-1B and L-1 visa holders returning to the same jobs they had before the proclamation of the visa ban, will be allowed to enter the US.

Read on to find out more about the relaxations…

Who Are Allowed to Enter the US?

1. Visa holders who had the same jobs before visa ban proclamation
2. Dependents (spouses and children) along with the primary visa holder.
3. Technical specialists, senior-level managers necessary for the recovery of the US economy.
4. Visa holders working in public healthcare or research to help in the COVID-19 pandemic or a medical field that will benefit public health.
5. Visa-holders working for a US 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”, read the advisory.

Why Are These Individuals Exempted From the Ban?

US President Donald Trump had signed a proclamation on June 22 that deferred non-immigrant visas till the end of 2020 citing COVID-19 pandemic as the reason.

The US Department of State advisory read, “Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification.”

The advisory also said, “Forcing employers to replace employees in this situation may cause financial hardship.” 

The workers who are necessary to facilitate the immediate and continued economic recovery of the United States should be in the powering critical infrastructure segments such as communication, emergency services, financial services, food and agriculture, and healthcare.

These individuals are vital for business firms and are key contributors to the US economy. 

The L-1 or H-1B workers identified by the US government agency should have a salary of 15% more than the prevailing wage. In addition to this, the H-1B applicant’s education, training, and/or experience should signify the exceptional expertise in whatever specialty occupation in which the individual will be employed.

The advisory added, “For example, an H-1B applicant with a doctorate or professional degree, or many years of relevant work experience, may have such advanced expertise in the relevant occupation as to make it more likely that he or she will perform critically important work for the petitioning employer.”