The H-1B visas which were banned by the Trump administration on June 22, ’20 has not relaxed some of the rules for the same visas. This relaxation will help applicants outside the US to be considered for a visa if they meet a certain set of criteria currently.

Applicants applying for visa will be allowed to re-join their same position as they were before the lock-down, as firing and re-hiring will cause financial hardships. This is the first relaxation by the US government since suspending the non-immigrant visa categories like the H-1B and L1 visas in order to protect the US labor market from the unemployment rate which is also due to the coronavirus pandemic.

The H-1B visa ban is a non-immigrant visa that allows US companies to directly employ foreign workers due to their specialty in certain theoretical or technical expertise. Companies depend on these visas to hire tens of thousands of employees each year from countries like India and China.

Top US tech firms including Amazon and Facebook filed a legal brief backing a challenge to Donald Trump’s temporary ban on the entry of certain foreign workers. For visa approval, the department has set 5 guidelines, out of which applicants must at least meet 2 requirements for being considered for a visa.

The Labor Condition Applications (LCA) approved by the department of labor during or after July ’20 is more likely to account the effects of Covid-19 pandemic on the US labor market and the petitioner’s business. “Therefore, this indicator is only present for cases with an LCA approved during or after July 2020 as there is an indication that the petitioner still has a need for the H-1B worker,” said the statement. Further, if the applicant is able to perform essential functions remotely outside the US, then this indicator is not present.