A longer wait for H-1B aspirants

President Trump on Monday temporarily suspended new work visas at least until the end of the year, thereby barring +thousands of foreigners from seeking employment in the United States. Foreign nationals situated outside the US, who were to begin work on an H-1B visa or even L-1 visas (intra company transfer) – but do not as yet hold a valid visa, as well as dependents who were to accompany them (be it spouses or dependent children) will now have to wait longer, till the ban expires.

This decree is a major blow to the country considering that a major chunk of new H-1B visas are allotted to Indians. The order essentially impacts H-2B aspirants and select category of J-1 exchange program participants who are currently outside the US and are not holding a valid visa will also be impacted by the ban. However, those individuals having valid visas – be it the primary visa holder, or dependants such as spouse (on H-4 visa) but held up in India can fly back since the ban does not apply to foreign nationals holding a valid visa, advance parole or other US travel document.

Rajiv Khanna, managing attorney of Immigration.com, explains “Once their H-1B applications are approved, these employees will not be able to join in October, but will have to wait, as this ban lasts until the end of the year.” Further, the proclamation does not explicitly chalk out any exception such as for doctors or nurses. However, it provides for discretionary waiver of the ban for foreign nationals whose entry to the US would be in national interest.