Imagine a world where the rules for traveling to the United States could change overnight, without anyone getting a say. That’s what might happen, thanks to a recent move by the US State Department.
Normally, when the US government makes new rules, especially ones that affect people coming from other countries, there’s a period where everyone gets to send their feedback. When they were thinking about changing the H-1B visa rules, people from all over, including many Indians, shared their thoughts, and the government had to listen.
But now, Secretary of State Marco Rubio, has stated that rules about visas and immigration are different and should fall under “foreign affairs,” which means they can bypass the public and notice announcing the change in process for new rule making. This could mean big changes for Indians looking to work, study, or even just visit the US, without much warning. This would also increase uncertainty over H-1B rules and the immigration process as employers and workers are expected to face unexpected disruptions in visa approvals & renewals.
Rubio asserted, “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,” according to a notice scheduled for publication in the Federal Register Friday.
Currently, public notice and comment give interested parties a chance to weigh in on draft regulations, typically for a period of 30-60 days. For rules subject to that process, federal agencies are then required to consider comments and respond to issues they raise in final regulations. The affected parties can approach court if these regulations are not met.
This move comes after another US government department, Health and Human Services, decided to do something similar. They said they didn’t need to ask the public about certain rules anymore.
Rubio’s decision is based on President Trump’s idea of “America first.” He wants to make sure US interests are always put first. But some people worry that this could mean less fairness and less input from people who are directly affected by these rules, including many Indians.