174 Indians in US file lawsuit against Trump's proclamation on H-1B visa

Donald Trump, on June 22, suspended issuing of H-1B work visas till the end of the year

A group of 174 Indian nationals, including seven minors, has filed a lawsuit against the recent presidential proclamation on H-1B that would prevent them from entering the United States or a visa would not be issued to them. Judge Ketanji Brown Jackson at the US District Court in the District of Columbia issued summonses on Wednesday to Secretary of State Mike Pompeo and acting Secretary of Homeland Security Chad F Wolf, along with Labor Secretary Eugene Scalia.

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The lawsuit was filed in the US District Court on Tuesday.

"The proclamation 10052's H-1B/H-4 visa ban hurts the United States' economy, separates families and defies the Congress. While the two former points render it unseemly, the latter point renders it unlawful," said the lawsuit filed by lawyer Wasden Banias on behalf of the 174 Indian nationals. The lawsuit seeks an order declaring the presidential proclamation on issuing new H-1B or H4 visas or admitting new H-1B or H-4 visa holders as unlawful. It also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

If elected, will revoke temporary suspension of H1-B visa: Joe Biden

The people on the company visa have built this country, Biden said when asked what his administration will do in the first 100 days of his presidency

Democratic presidential candidate and former US vice president Joe Biden has said that he will lift the temporary suspension on H-1B visas, the most sought-after by Indian IT professionals, if he wins the November presidential elections. On June 23, in a huge blow to Indian IT professionals eyeing the US job market, the Trump administration suspended the H-1B visas along with other types of foreign work visas until the end of 2020 to protect American workers in a crucial election year.

Biden, in a digital town hall meeting on Asian American and Pacific Islander (AAPI) issues organised by NBC News, praised the contribution of H-1B visa holders. He (US President Donald Trump) just ended H-1B visas the rest of this year. That will not be in my administration, Biden, 77, said responding to a question during the town hall. He was referring to the temporary suspension of the H-1B visas and other foreign work visas by Trump for the rest of the year.

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The people on the company visa have built this country, Biden said when asked what his administration will do in the first 100 days of his presidency. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. On day one, I’m going to send the legislative immigration reform bill to Congress to provide a roadmap to citizenship for 11 million undocumented immigrants who contribute so much to this country, including 1.7 million from the AAPI community.

US H1-B visa ban: Who is affected by Trump’s new rules on work visas?

The effects of the proclamation may not be immediately felt as the issuance of work visas had already dramatically declined due to the coronavirus pandemic

US President Donald Trump suspended the entry of certain foreign workers on Monday until the end of the year, a move the White House said would help the coronavirus-battered economy, but which business groups strongly oppose. The effects of the proclamation may not be immediately felt as the issuance of work visas had already dramatically declined due to the coronavirus pandemic.

The following visa categories are affected:

H-1B: The United States grants 85,000 H-1B visas every year to ‘high-skilled’ workers, often in the technology industry. They are generally valid for up to six years. In fiscal year 2019, the Department of State issued 188,123 H-1B visas for both new applicants and renewals. Some 131,549 were for Indian citizens, followed by 28,483 for mainland Chinese citizens.

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Only 143 H-1B visas were issued in May 2020, compared with 13,678 in May 2019, according to Department data.

H-2B: H-2B visas are for seasonal non-agricultural labor. The United States issues 66,000 per year, although it sometimes grants additional visas based on demand. They are generally valid for up to three years and are popular in industries like food processing, hotel work, and landscaping. In fiscal year 2019, the Department of State issued 97,623 H-2B visas for both new applicants and renewals. Some 72,339 were for Mexican citizens…Read More