H-1B and L-1 Bans Loosened!
Ever since April, the Trump Administration has been drafting numerous bans that target immigrants. On June 22nd, he banned applicants of H-1B and L-1 visas from entering the country. The ban will last until December 31st. On August 12th, however, this ban was loosened.
The State Department announced that for the sake of the U.S. financial recovery, H-1B and L-1 applicants seeking to return to their original positions and employers will be issued visas and allowed to return to the U.S.
Of course, a series of qualifications need to be met for one to be granted an exception. Let us take a look at how one can be qualified.
There are two ways to qualify for an exception for H-1B:
The first way is to show that the applicants will be working in the same position, under the same employer, and using a visa of the same category as before.
The second way is to fulfill 2 out of the five criteria listed in the diagram. These include having a high wage rate, outstanding educational level, etc.
Such rules are established to prevent U.S. employers from financial harm caused by the absence of the applicant.
“Critical infrastructures sectors” include financial services, information technology, communications, healthcare and public health, transportation, chemical, defense, water system, and organization.
Like the H-1B guidelines, if the applicant works in the same position, for the same employer, with the same type of visa as previous, he/she can be qualified.
The applicant also qualifies for an exception if he/she fulfills two out of the following criteria:
- The applicant is a senior-level executive/manager
- Has years of experience working overseas and has irreplaceable skills that would cause the company financial hardship if absent
- Plays a critical role in the employer’s fulfillment of a vital infrastructure need
Same as the previous visa applicants, if an L-1B applicant works in the same position, for the same employer, with the same type of visa as previous, he/she can be qualified.
Fulfilling ALL requirements below also qualifies one for an exception:
- Proposed job duties provide “significant and unique.”
contributions to the company
- Applicant’s specialized knowledge is critical to an
- Loss of the applicant’s irreplaceable skills and knowledge gained through working with the company from overseas will be detrimental to the company
Seeking an Exemption
To seek an exception, the applicant needs to first make an emergency visa appointment at the consulate. Detailed evidence and reasons for one’s qualifications need to be provided. The final determination will be announced at the interview.
If one is qualified, her/his spouse and children also benefit from the exception.