The President's latest proclamation excluded L-1 and H-1B visa holders from entering into the United States. Since then there have been some relaxation and exceptions to this travel ban.
The Department of State has updated its guidelines for admitting L-1 and H-1B visa holders into the U.S. If you're an employee holding either an L-1 or H-1B visa that is currently out of the country and looking to resume employment with the same employer, you will be able to re-enter.
If your H-1B was approved by LCA before July 2020 there is a possibility you can enter, if you can prove that your job needs to be done from inside the country. Plus, a few other changes that could help you get back into the U.S. Learn more about the recent exemptions for L-1 and H-1B visa holders looking to re-enter the U.S.
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Hi, I'm Jon Velie, and this is Voice of Immigration. I'm the CEO of OnlineVisas and an immigration attorney. And today's episode is on the H-1B and L-1 visa restrictions that are relaxed. This is coming off of the president's proclamation that excluded the H-1B and the L-1 from entering the United States. So there has been some relaxation in some exceptions to this travel ban that were issued on August 12th, 2020. So the Department of State is the issuing entity and they've updated their guidelines and their guidance for admitting H-1B and L-1 visa holders into the U.S. after the president's travel ban. So they can now be issued to employees who are seeking to resume ongoing employment in the United States in the same position, with the same employer as the visa classification, under the H-1B and the L-1. So what's that mean?
If you had your visa extended and you're outside the United States, or you have to go outside the United States, you can get that visa processed before you could not have. Even if you had that job and you did an extension, if you're outside the U.S. or went outside the United States, you would not have been able to do that. So, there are a couple of other things. So, additionally, H-1B visas may now be issued when at least two of the following criteria have been met. If the LCA, that's the Labor Condition Application was approved during or after July 2020 in, in itself, demonstrates a continued need for the services or the labor performed by the H-1B holder. If the LCA was approved before July 2020, the consular officer must determine the visa application has the continued need of the employee by the U.S. Employer.
So, however, the above criteria can not be met, if an applicant is currently performing, or is able to perform the essential functions of the position for the prospective employer remotely from outside the United States. So, that's what they're going to look at. So what are you going to need? Well, a letter and some proof that the job has to be done in the United States. Okay. Another one, senior-level placement within the company, or unique and vital job duties, or specialized qualifications with significant and unique contributions, when the employer is meeting a critical infrastructure need. Critical infrastructure sections are chemical, communications, dams, defense, industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. So it has to be within one of those areas and it has to be a unique and vital job duty or specialized qualifications with a unique contribution.
So again, that's going to be in really specific letter writing. All right, the wage rate to the H-1B applicant, I'm sorry, meaningfully exceeds the prevailing wage by at least 15%. All right. That's new. So entry-level jobs are not going to be helpful there. So meaningfully exceeds the prevailing wage by at least 15%. So, that means level one probably won't work, but maybe if level one has a big enough basis, if it's 15% above that. So, the H-1B applicant's education, training or experience demonstrates unusual expertise in a specialty occupation in which the applicant will be employed. So, their education, training and or experience demonstrates unusual expertise in the specialty occupation. So, just meeting it by itself, isn't it, there has to be something unique. Again, letters, experts, that's how you do that. Contact us if you want some help there.
Denial of the visa pursuant to PP, that's the presidential proclamation 10052 will cause financial hardship to the U.S. employer, that's another one. Okay. Financial hardship for the U.S. employer could include the employer's inability to meet financial or contractual obligations. The employer's inability to continue its business, or a delay or other impediments to the employer's ability to return to its previous COVID-19 level of operations. So, that's how you prove that. Again, you're going to need affidavits, some proof, maybe some contracts, things like that would help.
There are also a few new factors allowing L-1 visas to be issued when all three of the following criteria are met. The applicant's proposed job duties and specialized knowledge indicate the individual will provide significant and unique contributions to the petitioning company. Two, the applicant's specialized knowledge is specifically related to a critical infrastructure need. Again, we talked about those above, there are numerous different professions or industries that need that. The applicant has spent multiple years with the company overseas, multiple years. So, usually the tech, the requirement of the L-1 is one year. So if it's multiple years indicating a substantial knowledge and expertise within the organization, that can only be replicated by a new employee within the company following extensive training, that would cause financial hardship to the employer.
So, if they could have extensive training, that would not cause financial hardship, you're not going to get it. All right. So multiple years and some really unique experience. Again, this is going to have to be drafted into some very precise letters, with supportive evidence. So, travelers who believe that they fall into one of these categories, or is otherwise in the national interest, may request a visa application appointment at the closest embassy or consulate. A decision will be made at the time of interview as to whether the traveler has established, that they are eligible for a visa, under the exception.
Travelers are encouraged to refer to the embassy consulate website for detailed instructions on what services are currently available and how to request an appointment. All right, so if you need more information on that, go to OnlineVisas.com and set a strategy session, this is really cutting edge stuff. This happened just a couple of days ago. How to get the H-1Bs and L-1s into the country now. This is an exception to the earlier presidential proclamation. Maybe that will help you out. We are waiting for these to be issued by the consulates. We now have some clarification on that, and if you're in need of that, contact us. If you're watching this on YouTube, please like, and share, subscribe and turn on your notifications, and we'll keep you in the loop. I'm Jon Velie, CEO of OnlineVisas, and we deliver dreams.