The Immigration Status Dilemma of H1B and L1 Visa Holders in the US Amid COVID-19
The COVID-19 pandemic has made a significant impact on the United States of America. The U.S. now holds the top spot with the most COVID-19 cases and deaths in the world, says a recent article.
More than 5000,000 individuals have confirmed cases of the illness, while deaths are not less than 20,000.
Aside from affecting the healthcare system of the country, it has also hit the economy as a lot of businesses have been shut down, and the unemployment rate continues to rise. Another group that is greatly affected by the COVID-19 crisis is the working immigrant community, their employers, and international students studying at U.S. universities.
There are confused as to the status of holders of L1 visas, H1B visa holders, and international students due to the broader business and university postponement of operation. Also, the current crisis had caused the implementation of stricter travel policies. These events create uncertainty for these individuals.
Holders of H1B and L1 Visas
Holders of H1B and L1 visas are currently in a rough spot. The denial rate for H1B visa applicants has been reportedly high. A significant concern is that those who are already H1B employees are getting rejections for their re-application for H1B visas.
In U.S. immigration policies, the validity of H1B visas is three years. The holders of this visa have the option to extend for another three years. To be allowed to apply for a visa extension, H1B employees typically need to leave the U.S. to apply for an extension.
According to a United States Citizenship and Immigration Services' (USCIS) former adviser named Lynden Melmed, a lot of employers are not allowing domestic and international travel. Additionally, the government of the U.S. is discouraging people from traveling to certain nations.
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The Conflict
The conflict arises due to some denial of H1B visa petitions. If the H1B employee remains in the country, then he or she may violate the immigration laws of the United States. This is also a similar case for L1 visa holders.
The USCIS is being asked to extend the H1B and L1 visas of employees who are already in the United States.
Businesses are also requesting the USCIS finds a way for them to reapply without needing to leave the country quickly.
One measure implemented by USCIS amid the widespread postponement of business operations is the suspension site visits for these companies. Many business owners have welcomed this measure.
Remote Work for U.S. Visa Holders
One primary concern of businesses employing foreign workers, along with holders of H1B visas and L1 visas, is the effect on the visa sponsorship's terms and their status on U.S. immigration with remote working arrangements. However, the USCIS assure concerned partied that there is no need for an amended labor condition application (LCA).
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