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US plans to cushion H-1B Visa Holders

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USA (Commonwealth Union)_ A bipartisan agreement, supported by the White House, has brought huge relief to H-1B visa holders and their families, marking a crucial step forward in immigration reform. The National Security Agreement introduced automatic work authorization for nearly 100,000 H-4 visa holders, who are spouses and kids of specific categories of H-1B visa holders. Addressing concerns surrounding approximately 250,000 aged-out children of H-1B visa holders, the agreement offers a solution to their status, providing much-needed clarity and stability for affected families.

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This development is particularly beneficial for Indian tech workers who have faced prolonged waits for Green Cards. In the absence of a Green Card, their spouses cannot work, and their kids, aging out during the application procedure, face the risk of deportation. US President Joe Biden underscored the persistent challenges within the immigration system, stressing the imperative for reform to bolster national security, border security, equitable and humane treatment, and safeguard legal immigration.

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Additionally, the legislation introduces aging-out protection for children of long-term H-1B visa holders, provided that the children have maintained H4 status for eight years. Moreover, it allocates an extra 18,000 employment-based green cards every year for the next five years, with country caps, totaling 158,000 employment-based green cards annually for the following five years. The bill extends work approval to nearly 25,000 K-1, K-2, and K-3 nonimmigrant visa holders, along with about 100,000 H-4 spouses and children of certain H-1B non-immigrant visa holders who have completed immigrant petitions. This removes the need for them to await approval before commencing work in the United States.

The H-1B visa is especially critical for technology companies as it enables the employment of foreign nationals in specialty occupations that demand theoretical or technical proficiency. The bill streamlines work permits, expanding more opportunities for families, and guaranteeing vulnerable, unaccompanied young children access to paid legal representation. Additionally, the bill also grants asylum seekers work authorization upon receiving positive protection screening determinations, enabling them to provide for themselves and their families prior to the existing 180-day waiting period. Moreover, it increases the immigrant visa limit by 250,000 over a period of five years, placing family reunification as a top priority and providing US businesses with access to more skilled workers.

Among its provisions, the bill brings relief to more than 250,000 individuals who migrated to the US as children on their parents’ work visas, many of whom hail from India. These individuals, having legally lived in the US throughout their childhood, are permitted to remain in the country temporarily with work authorization. Moreover, the bill allocates resources to support US allies and partners in the Indo-Pacific region, addressing challenges posed by an assertive China. Additionally, it designated $48.43 billion for ongoing US assistance to Ukraine in its conflict against Russia. The White House calls for prompt passage of the bill by the US Congress.

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