Marco Rubio mulls abrupt H-1B changes. What it means for Indian professionals
ByTuhin Das Mahapatra
Mar 16, 2025 01:37 PM IST
Marco Rubio's recent announcement reclassifies immigration rules as foreign affairs, enabling the government to bypass public consultation.
Earlier this week, Secretary of State Marco Rubio signalled a fundamental shift in how immigration-related rules will be handled. He argues that visas and immigration policies should be classified as matters of “foreign affairs”, which would allow the administration to bypass public input altogether.
US Secretary of State Marco Rubio disembarks from his vehicle as he walks to board his airplane prior to departing Quebec City Jean Lesage International Airport in Quebec, Canada, Friday, March 14, 2025.(AP)
US Secretary of State Marco Rubio disembarks from his vehicle as he walks to board his airplane prior to departing Quebec City Jean Lesage International Airport in Quebec, Canada, Friday, March 14, 2025.(AP)
“I hereby determine that all efforts, conducted by any agency of the federal government, to control the status, entry, and exit of people, and the transfer of goods, services, data, technology, and other items across the borders of the United States, constitute a foreign affairs function under the Administrative Procedure Act, 5 U.S.C. 553, 554,” he explained, per a notice scheduled for publication in the Federal Register on Friday.
This rush decision aligns with former President Donald Trump’s ‘America First’ policy, which prioritizes US national interests over international concerns.
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Indian H-1B holders brace for shocking policy shifts without warning
Imagine, if this policy is enacted, Indian nationals—who make up a lion's paw portion of H-1B visa holders, students, and tourists—could face unexpected policy shifts with no prior warning or consultation.
Under normal circumstances, when the US government decides to employ a new set of rules—particularly those related to immigration and visa policies—there is always a required time within which the public is supposed to scrutinize and give their comment.
For example, when the government recently considered changes to the H-1B visa system, thousands of people, including many Indian professionals and students, had the chance to voice their concerns before any final decisions were made. The government was then required to review and address the feedback before implementing changes.
“Securing America’s borders and protecting its citizens from external threats is the first priority foreign affairs function of the United States. This effort requires the United States to marshal all available resources and authorities. These resources and authorities also include, but are not limited to, those of the Department of State, the Department of Defense, the Department of Homeland Security, the Department of Justice, and many other federal agencies,” the Federal Register noted.
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As of now, in the US, federal agencies are obliged to publish the opening of new rules to public notice and comment for 30 to 60 days before finalizing them. During this time, employers, visa applicants and legal experts are free to raise their concerns and agencies are obligated to consider and respond before they proceed with the application.
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