New Visa Regulations in the US: What Foreign Professionals Need to Know
Increased Scrutiny on Non-Immigrant Visas
Washington: The United States has implemented stricter measures for non-immigrant visa holders, leading to delays in visa interviews, limitations on where applicants can obtain visa stamps, and an increase in social media scrutiny. Immigration expert Aparna Dave warns that these changes could significantly impact travel and job opportunities for many foreign professionals, particularly those from India.
Dave notes that these new regulations are already affecting various visa categories, including H-1B, F-1, and J-1 visas, as US consulates are postponing interviews to conduct thorough background checks.
She advises that unless absolutely necessary, individuals should avoid international travel, as the risks associated with it have escalated, even for those holding valid visas.
The new guidelines have effectively put an end to the previous practice of obtaining US visa stamps in third countries. Applicants must now either apply in their country of residence or their country of citizenship, which poses challenges for those who previously relied on appointments in Canada or Mexico.
Additionally, the government has expanded its review of applicants' online activities. Dave explains that applicants may be required to make their social media accounts public, as the government reserves the right to examine these profiles.
Consequently, visa processing times have already been affected, with many interviews scheduled for December and January being postponed as consulates require more time to vet applicants.
Dave warns that the scrutiny does not stop at visa interviews. At the port of entry, Customs and Border Protection (CBP) officers can also inspect travelers' phones and social media accounts. While travelers may still be allowed entry, delays and secondary screenings can have serious repercussions on their employment status.
She clarifies the confusion surrounding visa validity and lawful stay, stating that a visa merely grants entry into the US, while the I-94 record determines how long one can remain in the country. Even if a visa expires, individuals can stay in the US as long as their status is properly extended.
Only those traveling abroad and seeking re-entry need a valid visa stamp, which means individuals do not need to leave the country solely for this purpose.
On the enforcement of social media reviews, Dave mentions that there is still uncertainty regarding how these reviews will be conducted and what content might be considered problematic.
For Indian nationals and their families, she advises maintaining a low profile and avoiding politically or religiously charged posts on social media.
Regarding the new $100,000 application fee for H-1B visas, she clarifies that this fee applies only to first-time applicants obtaining their visa stamp abroad. Those already in the US are exempt from this fee.
Employers sponsoring candidates from outside the US will be responsible for this cost. If an employer is filing for someone abroad, they must pay the $100,000 fee for that application.
While discussions about higher prevailing wages for H-1B workers are ongoing, no formal changes have been made yet, with more information expected before the March H-1B lottery.
Indians represent the largest group of H-1B and F-1 visa holders in the US, particularly in sectors like technology, healthcare, and higher education. Recent years have seen visa backlogs, security checks, and travel disruptions increasingly affecting Indian professionals and students.
The H-1B program, which is capped annually by Congress, remains a crucial pathway for skilled foreign workers, especially from India. Any tightening of travel regulations, vetting processes, or costs is closely monitored in both Washington and New Delhi due to its potential implications for employment, education, and family mobility.