Trump administration allows few exemptions in H-1B, L-1 travel ban

In a move that could help Indian IT professionals and those working in the healthcare sector the Trump Administration has announced certain exemptions in H1B and L1 travel ban for those continuing employment with the same employerThe exemptions to the June 22 Presidential Proclamation 10052 commonly referred to as the H1B or L1 Travel Ban also includes the family members of the H1B L1 and certain categories of J1 visasPresident Donald Trump in his June proclamation banned the entry into the US of workers in several key nonimmigrant visa categories including the H1B arguing that they eat into American jobs during the COVID19 pandemicThe H1B visa is a nonimmigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise Companies depend on it to hire tens of thousands of employees each year from countries like India and ChinaThe State Department which issued the revised travel advisory on Wednesday said that the exemptions have been given under national interest categoryIn its advisory the State Department said that H1B and L1 visas can now be issued for employees who are iquestseeking to resume ongoing employment in the United States in the same position with the same employer and visa classificationiquestForcing employers to replace existing employees may cause financial hardship it saidAll those on H1B visas working in the healthcare sector especially those related to the COVID19 pandemic or to conduct ongoing medical research in an area with a substantial public health benefit eg cancer or communicable disease research are also exempted from the July 22 travel banNotably in the last few weeks several lawmakers have written to the Secretary of State to exempt the healthcare sector from the travel ban on H1B L1 and J1 visasFurther new factors have been set forth to also allow H1B visas to be issued when at least two of the five indicators are met the State Department saidFirst cases the petitioning employer has a continued need for the services or labour to be performed by the H1B nonimmigrant in the United States Cases where Labour Condition Applications LCAs was approved during or after July 2020 OR if the LCA was approved before July 2020 the consular officer must be able to determine from the visa application the continuing need of the employee with the US employerBut if an applicant is currently performing or is able to perform the essential functions of the position for the prospective employer remotely from outside the US this criteria cannot be met the State Department saidSecondly the applicants proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure needCritical infrastructure sectors are chemical communications dams defense industrial base emergency services energy financial services food and agriculture government facilities healthcare and public health information technology nuclear reactors transportation and water systemsThird the wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 per cent When an H1B 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 the State Department saidFourth the H1B applicants education training andor experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed For example an H1B 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 it saidAnd finally the denial of the visa will cause financial hardship to the US employerThe exemptions for L1 visas are mostly similar to that of the H1b L1A applicants seeking to establish a new office in the United States likely do not fall into this category unless two of the three criteria are met and the new office will employ directly or indirectly five or more US workers the State Department saidThe national interest exemptions are also available to their spouses and depended as well it saidThese includes those on H4 L2 and J2 visas National interest exceptions are available for those who will accompany or follow to join a principal applicant who is a spouse or parent and who has been granted a national interest exception to the presidential proclamationKeep scrolling to read more newsCatch up on all the latest Crime National International and Hatke news here Also download the new midday Android and iOS apps to get latest updates MidDay is now on Telegram Click here to join our channel middayinfomedialtd and stay updated with the latest newsThis story has been sourced from a third party 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