The State Department, which released the revised travel advisory, said on Wednesday that the exemptions were granted under the category of national interest. The State Department states in its advisory that H-1B and L-1 visas now provide for employees seeking to resume ongoing US employment in the same place with the same employer and visa classification.
Forcing employers to replace current workers, it said, could cause financial hardship. All those employed on H-1B visas in the healthcare sector, especially those related to the COVID-19 pandemic, or conducting ongoing medical research in a field with significant public health benefits such as cancer or communicable disease research-are also exempted from the travel ban of July 22nd.
Notably, in recent weeks, many senators have written to the Secretary of State. It is to exclude the healthcare industry from the H-1B, L1 and J1 visa travel ban. Further new criteria identify to also authorize the issuance of H-1B visas. It is when at least two of the five thresholds meet, the State Department states. The considerations include the job duties or role proposed by the applicant within the petitioning firm. It suggests that the candidate can make substantial and special contributions to an employer fulfilling a vital need for infrastructure.
Factors of H-1B
Another factor is that the wage rate pay to the applicant for H-1B greatly exceeds. It is at least 15 per cent of the average wage rate. If an H-1B applicant earns a salary that substantially exceeds the prevailing wage. It means the employee meets a significant business need. There is no American worker eligible, the State Department said.
The L1 visa exemptions are very similar to the H-1B exemptions. L-1A applicants seeking to establish a new U.S. office are unlikely to fall into this category. It is unless two of the three criteria meet. Also, five or more U.S workers employe by the new office. It is directly or indirectly, the State Department states. The exemptions from national interest are also applicable to their parents, and they also relied on, it said. Those include visa applications on H-4, L-2 and J-2.