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See all posts Frank Gogol4 U.S. Senators Ask to Postpone New H1B Visas
Updated on April 10, 2024
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During the times when COVID-19 is wreaking havoc into the United States, sending green card holders into uncertain lands, one more piece of news has appeared around the horizon. Senators are now asking President Donald to suspend any new H1B visas for people that are outside the United States for the next 60 days.
Senators suggested that they also skip the H1B lottery for 2020, stop the OPT program, as well as the EB5 and H2B. This measure is to be taken in order to save the jobs of Americans. But how would this affect the lives of those on a visa – or planning to go to the U.S. on a visa? We’ll see throughout this article.
Contents of the Letter
Through the contents of the letter, the senators are emphasizing with the current existing H1B holders, and are only requesting that they stop the issuing of new visas over the next 60 days. This should act as an attempt to help the people that have been laid off due to the measures taken to fight the new coronavirus.
Who Wrote the Letter
The letter was written and sent by the US Tech Workers Association Group as a request to skip the H1B 2020-2021 visa lottery. The letter was signed by Senators Tom Cotton, Ted Cruz, Josh Hawley, and Chuck Grassley, and addressed to President Donald Trump.
Which Visas Does the Letter Address?
In the case of an economic crisis, OPT and H1B visas are quite easy targets – mostly because everyone tries to push them to the limit as much as possible. In essence, senators request that Trump suspends any H1B extensions, as well as amendments and transfers for the next 60 days. Moreover, they are asking that the entire lottery year for 2020 is skipped for April as well.
After the initial ban is over, senators are requesting that Trump suspends the following visas for the following year.
- H-2B visas for non-agricultural employees
- H1B lottery applications
- OPT (Optional Practical Training) program
Senators are also requesting that after the initial ban is over, EB-5 green cards should be suspended effective immediately.
There haven’t been any explicit mentions in regard to the L1 visa, which made a certain category of people uncertain of what they could expect. That being said, the letter repeatedly asked for non-immigrant visas, which means that it might address the L1 visa as well.
What Requests Were in the Letter?
To put it simply, this letter that was dated on the 7th of May specifically requests that all non-immigrant guest worker visas are suspended over the next 60 days. Moreover, after those 60 days are over, it should be followed by a suspension of other new non-immigrant guest employee categories for about a year. The suspension would come to an end when the unemployment figures would return to normal. This step is unnecessary because this recession caused by the COVID-19 is unlike any other recessions we have gone through in the past.
This request was made in order to protect all the Americans that were left without a job in the earlier stages of the United States recovery. They also mentioned that there would be quite a few rare exceptions to this – exceptions that are limited to time-sensitive industries (e.g. agriculture). However, the hiring staff will have to demonstrate that they weren’t able to find any Americans to do the job.
How Would This Affect H1B Visa Holders?
There are certain positives and negatives to this request, depending on their visa status. For example, by temporarily suspending the issuing of new H1B visas, they are protecting the hundreds of thousands of people already in the United States with their families on an H1B visa. These workers could have otherwise become a subject of deportation if their layoff lasted more than 60 days.
The idea here is that workers that are already in the United States on a work visa would not have to compete with any new H1B workers that are not even in the United States at the moment. For the next 60-day grace for H1B visas allowed by USCIS, there will be no competition.
This means that current H1B registrations, extensions, amendments, or transfers for people that are physically in the United States are not affected. That being said, people that are currently outside the United States may be affected if Trump decides to give off this signature based on the suggestions on this letter.
At the same time, the Senators have also asked for certain exceptions for critical personnel such as nurses and doctors – but also for other highly skilled workers that are currently working in the United States. They are safe in this circumstance and they might also benefit from the entire situation if they receive an expedited green card.
How Would This Affect the OPT Program?
Optional Practical Training programs are also under deep threat if the request goes through. Students are graduating from college at this point all over the United States, with the intent of remaining there instead of going back to their home country. That being said, the Senators claim that by banning the OTP, they would help American students find a job more easily during these times.
Studies from 2016 say that about 1.5 million students of foreign origin that graduated from college in the U.S. have used the OTP program to find work. These students would be greatly affected by the decision, as the majority of them take out student
How Would This Affect H-2B and EB-5 Visas?
Basically, this consensus seems to be against everything and anything that wishes to come in the United States from the outside and gain profit. Here we have the EB5 program – a business investor program with the purpose of generating employment for green card holders and U.S. citizens.
Considering that this green card is given on fairly strict conditions and it threatens the job-hunting success of American citizens, the senators are asking that this program is stopped as well. Other Senators express the same thoughts and feelings in order to save the jobs of American people.
The H2B visa is not exactly safe either. These visas allow for non-agricultural and seasonal jobs such as landscaping or working at a summer resort. In other words, it is considered that these are jobs that should be preserved for the American folk first. It is one of the most efficient ways for re-building the economy – with the intention of releasing them once more when the economy gets back on track.
Final Thoughts
The new coronavirus has put us in an economic crisis – and unlike other recessions that were caused by an unhealthy economy, this one has a health crisis in the roots. It is important to remember that those that are already in the United States should not be particularly concerned; only those outside of it might be affected.
Frank Gogol
I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.