Update 31 Mar 2021: We have not heard of any extension of the H1B work visa ban beyond Mar 31, 2021, by the Biden administration yet. It is set to automatically expire on Mar 31, 2021 mid-night (12 AM) US eastern time.
Those who are waiting for their H1B or L visa stamps just because of the H1B work visa ban, they can apply for visa stamp if US embassy is open.
These CEO never raised voice why H1B wage levels are still 1989 wages? H1B at 1989 wages is what these CEO like. But they make it as if H1B is high talent, keeps america competitive is all BS. Fact is H1B is cheap, low level program and CEO can exploit them easily at cost of Americans. To test these CEOs – Just make H1B salary minimum 175 k. Search millions of H1B salaries from the up-to-date official H1B data disclosed by the United States Department of Labor by company, job title, location. H1B Visa Salary Database 2021 - By Employer, Job, or City.
Earlier in Feb 2021, Joe Biden only lifted the ban for Family Green card applicants and not work visas.
- As per the executive order signed by Biden, it revokes section 1 of proclamation 10014 and 10052 travel bans. The work visa holder ban is part of section 2 and hence still stays active.
- Section 1 deals with family green cards, diversity lottery, and other such immigrant visas.
US embassy is issuing H4, L2, and J2 visas if they are open or they have given an emergency appointment. The new visas issued during the travel ban period have the annotation as:
“NIE UNDER P.P. ON RISK TO LABOR MARKET“.
See this sample H4 visa issued by US embassy in India on 31 July 2020:
- Most important, the USCIS report fails to explain or even mention that the estimated 583,420 H-1B visa holders in the country would likely drop to fewer than 300,000 if individuals in H-1B status.
- The latest tweets from @JuliaHB1.
This article will discuss:
- Travel Ban (Until Mar 31, 2021 mid-night)
Travel Ban (Until Mar 31, 2021 mid-night)
Ban Term: June 24, 2020 to Mar 31, 2021 mid-night 11:59 PM ET.
Trump signed the executive order to ban work visa holder entry to the United States on June 22, 2020.
J visa holders who are an intern, trainee, teacher, camp counselor, au pair, or summer work travel program are banned.
Rules Snapshot
#1 Currently outside the USA without a valid visa stamp
Travel ban on the entry until Mar 31, 2021. The Visa application will not be approved even if the US embassy reopens until the entry ban is active.
The embassy will issue form 221g to hold visa issuance until the ban is active.
US citizens can travel but the ban language is not clear about H4 + US citizen combination.
The State travel department clarified on July 16 that dependents of H1B, L1, and J1 can apply for H4, L2, and J2 visa if primary is currently in the US.
#2 Currently outside the USA with a valid visa stamp
You can enter the USA with a valid stamped visa. If you travel outside the USA, you can return if you have a valid stamped visa.
#3 H-1B lottery
(OPT, F1 to H1B and other cases – 2020-21 season starting Oct 1, 2020)
- Currently, Outside USA – You cannot enter the US until the ban is active. A visa stamp will not be issued even if the US embassy reopens. The application will be kept in form 221g admin processing.
- Currently inside the USA – Not affected if you filed as a change of status. If you have applied in consular processing, you can file the H1B amendment with change-of-status after Oct 1.
#4 H1B extension, transfer, amendment, change of status
- Currently inside the USA – People currently inside the US are safe. USCIS will approve extension, transfer, amendment, or COS as usual.
- Currently outside the USA – You can file the extension, transfer, amendment petition with USCIS but will not get visa approval from the US embassy to travel till the ban is active. The embassy will issue form 221g until the ban is active.
#4 i485 AOS, i485 EAD, Green Card Applications
You can enter the US with a valid Green card. You can travel and return to the US too.
The travel ban affects the pending green card applications outside the USA.
- Currently, inside the USA – Green cards will be approved.
- Currently, outside the USA – Green cards may not be approved until the order stays Active. NVC may not schedule an interview appointment until the ban is active.
I-130, i140, PERM, EB-1, EB-2, EB-3 are not affected by travel ban.
#5 Diversity Visa
- Currently, outside the USA – Your visa will not be issued. You cannot enter the US until you have a stamped visa.
- Currently, inside the USA – You are safe
USCIS, US Embassy Rules
Travel.state department confirmed that a new visa will not be issued for the visa types mentioned in Trump’s proclamation.
- US Embassy will issue Form 221g: The US embassy in Singapore and India (All consulates including Hyderabad, Delhi, Mumbai, Chennai, etc.) have told that they will issue form 221g denials until the ban is active for any pending and new visa applications.
- USCIS officially announced that the order will not affect people currently working in the US on H1B, L1, L2, or J1 visas. Extensions and renewals can be filed as usual with USCIS.
Exceptions
H1B Visa for Non Members (of Lawsuit)
You should check with your employer to know if they are a member of this litigation. Your employer will need to write it on the official letterhead and then you need to take it to your H1B visa interview.
The Visa officer will verify and if your employer is part of this litigation, you are considered eligible for getting an H1B visa and traveling to the USA during the travel ban period.
You have to follow State Travel department guidelines:
- H1B/L1 can apply for a visa if you are still working for the same H1B/L1 employer, same job role, and position for whom you were working in the USA before your travel.
- If you filed an H1B transfer or an amendment after June 22, 2020, and now want to return to the US, then, you are not allowed until the ban is active.
- H1B/L1 technical specialist or senior manager and satisfy at least 2 of these (depends on consular officer discretion and rules are complex):
- If you can work and are working remotely from outside the USA, you are not eligible to travel. (tough for IT jobs to prove).
- You are a senior-level employee who is vital to the management and success of the overall business enterprise.
- Your salary exceeds the prevailing wage rate by at least 15 percent. (can be satisfied if you have a good salary).
- You have a doctorate or professional degree along with many years of relevant work experience. (probably an Einstein).
- If your H1B employer will face financial hardship, or cannot continue its business, or a delay to the employer’s ability to return to its pre-COVID-19 level of operations without your services. (quite difficult to prove!).
- Employees of companies who are part of the H1B lawsuit.
- Existing stamped H1B, J-1, L-1 visa holders are allowed to enter the US.
- Dependent visa holders like H4, L2 are allowed to travel if their primary spouse is already in the US. Interestingly, H4 EAD and L2 EAD are not affected at all.
- H1B extension, transfer, amendment, change of status for people who are already in the US will not be affected.
- Jobs in Food Production (farm workers) using the H2B visa and supply chain.
- Healthcare professions – Anybody working in a medical profession or a health care company and directly involved in treating COVID-19 patients. Example: A doctor or a nurse.
Effects on India EB2 Queue
The Employment-based visa bulletin moved the dates for EB-1, EB-2, and EB-3 faster than ever in Oct 2020 visa bulletin.
The chances are very good for a family-based green card spillover in Oct 2021 as well if the US embassies stay closed until the COVID-19 cases keep rising.
The family green cards will not be issued till the ban is active end and these may accumulate and spillover in Oct 2021 again into employment-based queues.
I have shared my estimates on EB2 Indian prediction page.
MigrationPolicy estimates that this work visa travel ban will affect at least 219,000 workers who will not be allowed to enter the US labor market even if their work petition has been approved legally by USCIS.
FAQ
Will dropbox be allowed?Dropbox should be allowed as it appears from the executive order language but you will be issued a form 221g until the ban is active.
Check your Dropbox eligibility.
You can file the H1B amendment with a change of status as soon as Oct 1 if you have got the H1B lottery approval with consular processing.
Can i Use AVR (Automatic Visa Revalidation) from Canada/Mexico?CBP officer at the Canadian border confirmed that the AVR process is not affected by Trump’s travel ban order.
Are i140, i485, PERM Affected?i140 and PERM are not affected. You can file them normally and get approval too.
They are going to pause the approvals of the green card (immigrant visa) issuance by the US embassy.
The i485 AOS (adjustment of status) will continue to be approved as usual if you are in the US.
H4 visa can be issued by the US embassy if the primary H1B is already in the USA.
This will be based on the visa officer’s discretion though.
The executive order has given the authority to US embassy interviewing officers to use their own discretion in these kinds of cases.
H4 EAD has not been banned or revoked in Trump executive order.
L2 EAD can also work normally.
You can apply H4 EAD and L2 EAD normally while you are in the USA.
Are F-1 students, OPT, STEP OPT, TN, B1/B2, E-3, O-1 visa affected?F-1 students, OPT, STEP OPT, TN, B1/B2, E-3, O-1 visa are not affected by Trump’s travel ban.
Can I use the Old Employer H1B visa stamp if its still valid?You can use an old employer’s valid visa stamp to enter the US even if you have changed the employer after H1B transfer.
Ask Question Privately Ask us to fill USA Forms
Overview
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.
Key News
On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications. The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation. On January 20, 2021, the Department withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. Accordingly, the requirements of the Bulletin and FAB are no longer in effect. The Department will notify the public of any further actions as appropriate once it completes its review.
General Guidance
H1b Twitter
- Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement by Electronic Posting (PDF)
H-1B Presentation
- The Employment of Non-Immigrants on H-1B Visas (Microsoft® PowerPoint®)
Trump H1b Twitter
Forms
Fact Sheets
Disqualified and Willful Violator Employers
- DOL maintains a list of individuals or corporations who, as a result of an H-1B investigation/final agency action, have been disqualified from approval of petitions to participate in the nonimmigrant program. In addition, willful violator employers are subject to random investigations by the Department of Labor for a period of up to five years from the date that the employer is determined to be a willful violator.
Twitter H1b Data
Nonimmigrant Worker Related Agency Links
Twitter H1b Salary
Civil Money Penalty Inflation Adjustments
H1b Lottery 2022 Twitter
| Type of Violation | Statutory Citation | CFR Citation | Maximum Civil Monetary Penalty on or before 1/15/2021 | Maximum Civil Monetary Penalty on or after 1/16/2021 |
|---|---|---|---|---|
| (1) A violation pertaining to strike/lockout or displacement of US workers; (2) A substantial violation pertaining to notification, labor condition application specificity, or recruitment of US workers; (3) A misrepresentation of material fact on the labor condition application; (4) An early-termination penalty paid by the employee; (5) Payment by the employee of the additional filing fee; (6) Violation of the requirements in 20 CFR 655 subparts H and I or the provisions regarding public access where the violation impedes the ability of the Administrator to determine whether a violation of sections 212(n) or (t) of the INA has occurred or the ability of members of the public to have information needed to file a complaint or information regarding alleged violations of sections 212(n) or (t) of the INA | 8 USC 1182(n)(2)(c)(i) | 20 CFR 655.810(b)(1) | $1,928 | $1,951 |
| (1) A willful failure pertaining to wages/working conditions, strike/lockout, notification, labor condition application specificity, displacement (including placement of an H-1B nonimmigrant at a worksite where the other/secondary employer displaces a US worker), or recruitment; (2) A willful misrepresentation of a material fact on the labor condition application; or (3) Discrimination against an employee; | 8 USC 1182(n)(2)(c)(ii) | 20 CFR 655.801(b) and 20 CFR 655.810(b)(2) | $7,846 | $7,939 |
| (1) A willful violation resulting in displacement of a US worker employed by the employer in the period beginning 90 days before and ending 90 days after the filing of an H-1B petition in conjunction with: (i) A willful violation of the provisions pertaining to wages/working condition, strike/lockout, notification, labor condition application specificity, displacement, or recruitment; or (ii) A willful misrepresentation of a material fact on the labor condition application | 8 USC 1182(n)(2)(c)(iii) | 20 CFR 655.810(b)(3) | $54,921 | $55,570 |