News Flash: India and U.S. in Talks on H-1B Visa Restrictions

The H-1B visa restrictions have been top-of-mind for most foreign nationals seeking employment opportunities in the U.S. Cooperation between India and the U.S., along with an upcoming expiration date of the Trump-era H-1B visa ban, is bringing some good news for work visa hopefuls.

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News Flash: India and U.S. in Talks on H-1B Visa Restrictions

India’s Minister of State for External Affairs, V. Muraleedharan, has stated the following:

“Government is closely engaged with the US administration and other relevant stakeholders on issues related to the movement of Indian professionals, highlighting the importance of people-to-people linkages and the contribution of Indian skilled professionals to the growth and development of the US economy, especially in the technology and innovation sector.”

This is a promising development, since the Biden administration has yet to rescind the Trump administration ban on nonimmigrant visas, including the H-1B visa. This H-1B visa ban was implemented on June 22, 2020 and is set to expire on March 31, 2021.

Who is Impacted by the H-1B Visa Ban?

The H-1B visa is popular among Indian IT professionals seeking employment in the U.S. But the visa ban “creates uncertainties for U.S. employers, their foreign-born professional workers, and their families.” The ban has also “drastically impacted skilled workers like system analysts and engineers, but also seasonal workers in the hospitality industry, and students on work-study programs.”

“Indians have been major beneficiaries, cornering the biggest share of the 85,000 H-1B visas issued by the US every year.” According to a report by the U.S. policy think-tank National Foundation for American Policy (NFAP) “56,000 of the 85,000 H-1B visas issued every year are for computer-related occupations.”

H-1B Visa Ban and the U.S. Economy

The think-tank also warns that “continued delay…will impact the US companies and critical services that H-1B workers offer. This will also have the unintended consequence of companies setting up offshore or nearshore centers away from the US, affecting the American economy.”

USCIS May Reopen Denied H-1B Visa Petitions

Yet there is hope. On Friday, March 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it may reopen, and possibly reconsider, previously revoked or denied H-1B petitions (Form I-129) if the decision was based on one or more policies in the three rescinded Trump-era H-1B memoranda. Read more on this development in our blog.

Need Help?

The attorneys at Shihab Burke, LLC, Attorneys At Law are here to help if you have any questions about this development, or any other immigration issues you may have. Contact us today.


Govt of India Working with US Govt to Remove All H1B, Green Card Restrictions Imposed by Trump (March 18, 2021)

President Biden Urged to Rescind Trump-Era Ban on H-1B and Other Foreign Work Visas (March 19, 2021)

H-1B ban: Computer jobs on the rise, continued visa restrictions can hurt businesses, says US policy think tank (March 19, 2021)

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