Spouses, dependents of H-1B visas in India exempt from US travel ban

As per the proclamation, anyone on an H-1B, H4, J1 and H2A visa who did not hold a valid visa as of 24th June would not be allowed to travel to the country till December 31.

Spouses and dependants of H-1B visa holders who are currently stuck in India will be allowed to travel to the US exempting them from June 22 directive from the Trump administration that suspended non-immigrant visas due the economic crisis triggered by the Covid-19 pandemic, according to an update by the US government.

As per the proclamation, anyone on an H-1B, H4, J1 and H2A visa who did not hold a valid visa as of 24th June would not be allowed to travel to the country till December 31.

“If the principal beneficiary (H1B visa holder) is currently in the US, then the family who is outside the country can apply for H-4 visas and go to the US,” said Poorvi Chothani, , managing partner at immigration lawfirm, LawQuest. All this is possible only when the US Embassy and consulates open in India.

However, not all H-1B visa holders will be allowed back. According to the list of exemptions issued by the State, only certain H and J visa applicants who are ‘traveling to work in support of a critical U.S. foreign policy objective (such as COVID-19 response) and/or traveling at the request of the U.S. government; will be exempt from this ban.

The amendments to the Proclamation come soon after a US lawfirm, Wasden Banias, filed a lawsuit on behalf on 174 Indians challenging this travel ban.

“The president’s visa ban is allegedly to protect United States Workers jobs from foreign workers. However, at least in regards to H-1B and H-4 visa holders, the ban is illogical and inhumane. To start with, the children of H-1b visa holders aren’t working. Likewise, most H-4 spouses do nove work authorization, and are not in the labor market,” said Jonathan Wasden, Partner, Wasden Banias.

There are over 1000 people stranded in India as a result of the embassy closures in March, followed by the flight restrictions. ET spoke to several people who are currently in India since the start of the year and had their visa appointments scheduled for March and April which were cancelled as a result of the Covid19 closures. The US Embassy and Consulate in India have still not reopened and are currently not processing visa applications. EOM

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