Most immigration lawyers, however, believe the USCIS would waive this requirement, although no formal announcement has been made yet.
“I think you can expect to have a very reasonable consideration from USCIS in all of these sort of circumstances that are only caused by the coronavirus,” a senior Department of Homeland Security (DHS) official said during a press briefing earlier this week.
The department will support steps for safer working conditions in light of the pandemic and the USCIS is expected to take that in to account while deciding on whether people on an H1-B visa could telecommute, he added. When ET reached out, IT services companies that have deployed employees on H1-B visas at client sites in the United States declined to comment.
Sudhir Shah, a Mumbai-based immigration attorney, said working from home is the best option under the current global circumstances and if the USCIS revokes visas of H1-B workers, then employers could seek legal counter measures.
In recent months, the USCIS has strictly enforced rules, carrying out checks at the office addresses provided by H1B workers. It has even cancelled several visas for violations.
“Hence, there is a lot of anxiety among Indian IT companies as well as American companies who have a large number of H1-B workers on their rolls,” said Shah. Nandini Nair, an immigration attorney at law firm Greenspoon Marder, said H1-B visa holders could work from home under certain exceptional situations.
Indians account for over 70 per cent of the H-1B visas issued annually.
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1 Comment on this Story
Md Ripon299 days ago
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