Trump sets new rules for H-1B visa, relaxations granted

Trump admin H-1B relaxation

Earlier this year, there was a decision from Trump administration suspending the issue of H-1B and other job visas in the US for the remainder of 2020.  Now, there’s something positive to hear from the US in this regard.

The Trump administration has granted relaxationin some of the H-1B visa rules. With the new decision, applicants now outside the US will be considered for a visa in case they meet a certain set of criteria. This announcement was made by the US Department of State.

Applicants trying to resume ongoing jobs in the US in the same designation with the same employers and visa classification will now be allowed in the country.  This measure is taken to avoid the financial hardships workers could face if employers are forced to replace them.

A new set of exemptions has been issued by the US Department of State. Guidelines similar to these would be applicable for applicants for an L1 visa also.

This is the first time that the relaxation of rules regarding the H-1B visa is in effect since the US President signed a proclamation to suspend the entry of certain nonimmigrant visa categories. This included the H-1B and L1 visas. The suspension was a measure to solve the issue of rising unemployment in the US labor market that had reached record levels.

The new rules will help senior-level employees in sectors like information technology and healthcare. Their roles have to be vital to the management and success of the business they are involved with. Their pay should be at least 15% higher than the standard rate of wages. This will be considered, provided it’s established that if the worker’s visa is denied, it would lead to significant financial harm to the employer.

A set of 5 guidelines has been issued by the Department of which applicants must meet at least 2. Only then they will be considered for a visa under US immigration.

Researchers and healthcare professionals will be allowed visa if they are

  • doing COVID-19 related work, or
  • traveling as per request from an agency of the US government, or
  • traveling to satisfy contractual obligations

People identified by the government agencies as giving IT support or similar services, or performing research vital to the agency will be part of those who will be allowed a visa.

If you are looking to Study, Work, Visit, Invest or Migrate to USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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