US Will Now Permit Extension In H-1B Visa

H-1B visa holders whose visas are due to expire can extend their stay for up to 8 months by applying for a visa extension due to the Covid-19 outbreak and travel restrictions.

The US Department of Homeland Security (DHS) said that given the immigration-related challenges as a result of the Covid-19 pandemic, non-immigrants could apply for an extension of stay (EOS) or change of status (COS) permit. This would also benefit Indian tourists on B1/B2 visas.

Nasscom, Indian software industry body has been lobbying for more flexibility around immigration policies, however, said the memo merely restates existing policy and does not offer any special Covid-19 relief for non-immigrants seeking a change or extension of stay.

“In those cases where the visa expired and the criteria were not met, the guidance does not provide any relief. The sponsor must file a detailed petition explaining the circumstances and requesting relief in the form of an extension and no penalties. This would be done on a case-by-case basis,” said Shivendra Singh, vice president, global trade, at Nasscom.

There are an estimated 65,000-70,000 H-1B visa holders. India had in recent conversations with the US taken up the issue of extending the validity of H-1B visas of Indian nationals stranded in the US. New Delhi had also requested for an extension in visa validity for those holding other categories of visas

Since the outbreak of covid-19, millions of people in the US have filed for unemployment claims, triggering fear of layoffs among Indian professionals working in the country.