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US travel ban: Trump allows exemptions for certain H-1B, L-1 visa holders

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US travel ban: Trump allows exemptions for certain H-1B, L-1 visa holders

In a transfer that might assist Indian IT professionals and people working within the healthcare sector, the US authorities has introduced certain exemptions in H-1B and L-1 travel 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 consists of the relations of the H-1B, L-1 and certain classes of J1 visas.

The H-1B visa is a non-immigrant visa that allows US firms to make use of international employees in speciality occupations that require theoretical or technical experience. Companies rely upon it to rent tens of hundreds of workers annually from nations like India and China.

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 through the COVID-19 pandemic.

The State Department, which issued the revised travel advisory, on Wednesday stated that the exemptions have been given below 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 current workers might trigger monetary hardship, it stated.

All these on H-1B visas working within the healthcare 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 (e.g. most cancers or communicable illness analysis) are additionally exempted from the July 22 travel ban.

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

Further new elements have been set forth to additionally permit H-1B visas to be issued when not less than two of the 5 indicators are met.

First circumstances the petitioning employer has a continued want for the providers or labour to be carried out by the H-1B nonimmigrant within the United States. Cases the place Labour Condition Applications (LCAs) was permitted throughout or after July 2020 OR if the LCA was permitted earlier than July 2020, the consular officer should be capable of decide from the visa software the persevering with want of the worker with the US employer.

But, if an applicant is at present performing or is ready to carry out the important capabilities of the place for the potential employer remotely from outdoors the US, this standards can’t be met, the State Department stated.

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

Critical infrastructure sectors are chemical, communications, dams, protection industrial base, emergency providers, power, monetary providers, meals and agriculture, authorities amenities, healthcare and public well being, data expertise, nuclear reactors, transportation, and water methods.

Third, the wage price paid to the H-1B applicant meaningfully exceeds the prevailing wage price by not 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 shouldn’t be obtainable, the State Department stated.

Fourth, the H-1B applicant’s schooling, coaching and/or expertise show uncommon experience within the specialty occupation through which the applicant might be employed. For instance, an H-1B applicant with a doctorate or skilled diploma, or a few years of related work expertise, might 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 determine 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, immediately or not directly, 5 or extra US employees, the State Department stated.

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

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

(With PTI inputs)

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