The Trump administration is tightening the US immigration system on multiple fronts, with new restrictions affecting immigrant visas, H-1B workers, green card applicants and some existing visa holders.The latest moves include a global pause in immigrant visa processing, tougher “public charge” screening, a proposed $103,265 H-1B fee and plans to revoke certain visitor visas held by people who later sought asylum.The measures affect different categories of applicants differently. H-1B workers and their dependants are primarily affected by higher fees and enhanced vetting, while employment-based green-card applicants face greater scrutiny under the public-charge framework. Visitor visa holders who later seek asylum could face cancellation of their B1/B2 visas.Here is what the latest US visa crackdown means:
Global pause on immigrant visa applications
The US State Department has paused immigrant visa applications worldwide as it trains consular officers to more closely assess whether applicants could become dependent on US government benefits, reported Reuters.The focus is on the “public charge” standard, under which an applicant can be denied an immigrant visa if officials determine they are likely to become primarily dependent on government support. Applicants with scheduled interviews have reportedly received emails saying their appointments were being rescheduled.The State Department said its new global training initiative would ensure consular officers can evaluate applicants “comprehensively and consistently”.
H-1B fee set for another major increase
The administration has also proposed making the H-1B visa fee $103,265, up from the current fee structure that generally runs into thousands of dollars.The H-1B programme allows US employers to hire foreign workers in specialised occupations and is particularly important to technology companies recruiting from India and China. Major technology and consulting companies are among its largest users.The proposed increase has already drawn opposition from businesses and India’s technology industry, while existing legal challenges to the earlier $100,000 fee remain pending.
Up to 200,000 visitor visas could be revoked
The administration is also reportedly preparing an initiative to cancel the B1 and B2 visas of as many as 200,000 foreign nationals who entered the US as temporary visitors and later applied for asylum.B1 visas are generally used for business travel, while B2 visas cover tourism, family visits and certain medical treatment.The proposed cancellations would reportedly target visas issued between 2016 and 2026 to people who subsequently sought asylum. Officials have said the revocations would take place on a rolling basis.A visa cancellation would not by itself mean immediate deportation. People with pending asylum applications could retain their legal status under the asylum process, but would lose their temporary visitor status.
More scrutiny of H-1B applicants
The administration has also expanded scrutiny of H-1B applicants. Consular officers have been instructed to examine applicants’ social media profiles and resumes, particularly those seeking technology-related H-1B visas.The enhanced vetting has focused, among other things, on whether applicants may have been involved in what the administration considers suppression of protected speech.The tougher screening has added uncertainty for companies that rely heavily on overseas skilled workers, with some businesses reassessing hiring and expansion plans.
New public-charge scrutiny for green cards
From September 18, USCIS will apply updated public-charge guidance to people filing Form I-485 to adjust their status and obtain a green card.Officers will consider an applicant’s age, health, family situation, assets, financial resources, education and skills, along with other relevant circumstances. They may also consider prospective employment, including job offers and expected wages.The rules expand the benefits that can be considered in the assessment. Certain means-tested benefits, including food assistance, housing support and Medicaid/CHIP, may form part of the overall assessment for benefits received on or after September 18.However, receiving a benefit does not automatically mean an application will be rejected. USCIS will make the determination based on the applicant’s circumstances as a whole.
New immigration forms and tighter green-card process
USCIS is also changing three major immigration forms in September. Form I-539 and Form I-765 will move to new editions on September 15, followed by Form I-485 on September 18.There will be no grace period for the old versions. Applications submitted after the deadlines using outdated forms can be rejected.For Indian nationals waiting in the employment-based green-card backlog, the September 18 I-485 changes are particularly important because they coincide with the new public-charge scrutiny. Public-charge scrutiny is a US immigration check to determine whether a visa or green-card applicant is likely to become primarily dependent on government benefits for financial support.