No change in H-1B rules: US

Why is it in news?

The US has clarified that it has no plans to discontinue the extension of H-1B visas beyond six years, when beneficiaries apply for permanent residency-green card. An announcement earlier about such regulatory changes created shockwaves among the NRI community in the US, especially those beneficiaries who were awaiting their green cards.

Details

  • Speculations of such changes in US laws had led to fears hat upto 7,50,000 Indian Americans could be forced to leave the US.
  • For now, the US has assured that any future changes in the laws would not likely result in H-1B visa holders having to leave the US until their process of obtaining green card is complete.

What is H-1B visa?

  • The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) which allows U.S. employers to employ foreign workers in specialty occupations. The duration of stay is three years, extendible to six years in normal cases, with further extension possible in certain circumstances.
  • If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the United States.
  • Effective January 17, 2017, USCIS modified the rules to allow a grace period of up to 60 days but in practice as long as a green card application is pending they are allowed to stay.

Source

The Hindu

Posted by Jawwad Kazi on 10th Jan 2018