US to reconsider objections to H-1B visas during Donald Trump regime

The move is likely to bring respite to a large number of Indian IT professionals who were having a tough time

The Biden administration on Friday said it is willing to reconsider the objections or adverse decisions to foreign workers on visas like H-1B due to the three policy memos introduced by the previous Trump administration, which now have been rescinded.

The announcement has brought relief to Indian software professionals who, during the previous administration, were plagued by policies and memorandums on non-immigrant work visas. US Citizenship and Immigration Services (USCIS) on Friday announced “it may reopen and/or reconsider adverse decisions” on Form I-129, Petition for a Non-immigrant Worker, made based on three rescinded policy memos.

USCIS said it will generally use its discretion to accept a motion to reopen. H1-B visas are predominantly granted to workers in the IT sector, and most of these visas—over 70 per cent—have gone to Indian citizens in recent years. USCIS said a petitioner may request that it reopen and/or reconsider adverse decisions based on the three rescinded policy memos. “Petitioners should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labour condition application,” USCIS said.

India is expecting big things from President Joe Biden. His immigration pledges to the Indian American community, include  providing a route to permanent residency for an estimated 5,00,000 Indians living illegally in America, and increasing the number of work-based green cards.

US group opposes visa decision
A US group on Friday opposed the move of the Biden administration to reverse some decisions of the previous Trump administration with regard to H-1B visas, in particular going back to the lottery system for allocation of this most sought after work visa for foreign technology professionals. In its comment submitted to the Department of Homeland Security, the Federation for American Immigration Reform (FAIR) asserted that the implementation of the Trump administration rule would reduce abuse of the H-1B program by unscrupulous employers while also protecting American workers. Founded in 1979, FAIR is the country’s largest immigration reform group.

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