The Impact of the New H1B Visa Regulation: Key Points to Consider

With the recent disclosure of the official documents regarding visa regulations, the detailed specifications regarding the $190,000 provision have shed light on the new challenges facing H1B visa holders. Let’s break down the main points:

Understanding the H1B Travel Ban

Essentially, the new regulation acts as a travel ban for those on H1B visas. The stipulation requires that each employer pay $100,000 for each application involving the H1B visa (not the status). It’s important to note that H1B visas expire every three years, and for many Chinese visa holders, they have a one-year expiration due to specific limitations. Consequently, if you remain in the U.S. without leaving, you won’t need to apply for a new visa or pay the hefty sum of $100,000. However, once you attempt to apply for a new visa, this fee becomes imperative.

The Consequences of the H1B Regulations

One of the most alarming effects of the new policy is that all individuals with H1B status may feel confined in the U.S., akin to imprisonment. Leaving the country could result in being unable to return, and employers are less likely to cover the travel expense of $100,000 just for a trip. Some interpretations suggest that these changes could benefit international students seeking H1B visas, particularly with the absence of large-scale outsourcing from countries like India. However, this notion might be fundamentally flawed.

Why the Situation Might Not Be Favorable

To understand the adverse implications better, it’s essential to analyze why the focus is on visas rather than immigration status. The Department of Homeland Security (DHS) oversees visas, whereas the U.S. Citizenship and Immigration Services (USCIS) manages immigration status. Although the head of USCIS has been replaced by an individual loyal to the previous administration, USCIS regulations are still strictly governed by legal frameworks, including the Administrative Procedure Act (APA). In contrast, the DHS operates with much more flexibility, allowing for the implementation of regulations without extensive checks and balances.

The Realities of Long-term Stay in the U.S.

For anyone questioning the feasibility of staying continuously in the U.S. from applying for an H1B to acquiring a green card, there are indeed individuals who have successfully achieved this, even without leaving the country for years. However, the green card backlog wasn’t as daunting at that time, and processes like PERM were less time-consuming. For instance, I myself lived in the U.S. for a decade without having to exit but had to return home due to health issues. If one desires to stay indefinitely, they must hope for the continued health of their family and a lack of significant life events.

Coming Challenges Ahead

It’s crucial to recognize that the absence of status regulation from the previous administration was not due to inability or oversight; it’s merely a matter of strategy. Changes regarding prevailing wages are already on the agenda, and the cancellation of the D/S for F visas has been publicized. This means that the U.S. government can enforce stricter regulations on both F and H visa categories, potentially leading to broader implications in the future.

Final Thoughts

As the situation evolves, it is clear that the new H1B visa regulations pose significant challenges to both current and future visa holders. While some may view the outcomes favourably in terms of opportunities, the realities of the situation indicate a complicated and potentially restrictive landscape ahead.

#H1B #OPT #CPT