Good news for H-1B visa holders stranded in India
3 min read
H-1B Visa Holders: A US district court judge has prohibited the use of travel bans as an excuse to not process or give visas, like H-1Bs – a non-immigrant visa.
While the US is gearing up to open its doors from November to fully vaccinated travelers, this decision by the district court of Columbia, articulated on 5th October is good news for those holding H-1Bs and their dependents, (for example, spouses holding H4 visas) who had found up themselves stranded in India while visiting their family.
Individuals who were allotted H-1Bs under the lottery mechanism also observed themselves not be able to get their visas processed.
Travel bans were imposed under a Presidential Proclamation earlier by previous President Donald Trump and later by President Joe-Biden. The fallout was that visa processing came to halt. No nonimmigrant visas were given, except if the individual could claim a ‘National Interest Exemption’ – a challenging task.
On 30th April, Biden had given a proclamation restricting the entry of non-immigrants (green-card holders were absolved from the ban) who were physically present within India during the 14-day period preceding their entry or attempted entry into the US.
We had earlier reported about the filing of a claim by a few people, including Indian nationals. “A few plaintiffs are long-term employees of US companies, who have been stuck outside of the US and whose careers are in danger as they can’t get back to their jobs, homes, and networks. All individual plaintiffs have experienced extra costs, undue stress, and frustration. While awaiting the Department of State’s resumption of non-immigrant visa processing,” stated the lawsuit.
H-1B Visa Holders Stranded in India
The submitted before the district court that the US Department of State ‘has refused to process their non-immigrant visas’. To ‘schedule interviews or adjudicate their visa applications, or ‘to give the visas’ because of the Presidential Proclamation. They also pointed out that “consular officials are categorically precluded from processing their visa applications. Except if they fall under an exemption, regardless of the capacity and reopening status of local consulates and embassies”.
While Judge James E. Boasberg didn’t order the US Department of State to quickly adjudicate the suit. He has debarred the use of the travel ban proclamation as an excuse to refuse visa processing.
[The US Cannot Stop Issuing Visas During Travel Bans, Federal Judge Rules]
Greg Siskind, one of the immigration lawyers who is addressing the plaintiffs, said: “This is a lovely important win for us since it [the lawsuit] was specifically aimed at killing the illegal interpretation across the board and not only for the plaintiffs. This will also hopefully bar a President in the future from abusing this power.”
Charles Kuck, another immigration lawyer representing the plaintiffs added. “We are thankful that Judge Boasberg saw through the cascade of ridiculous legal affirmatively rule that it is a violation of federal law to refuse to issues visas solely. Because a President has proclaimed an entry ban under the Immigration and Nationality Act – 212(f). We approach the Department of State to now get rid of its ridiculous and legally unnecessary national interest exemption program. And return to the business of visa issuance all throughout the world regardless of those entry bans.”
