In the wake of the nuclear testing conducted by India and Pakistan, many rumors have been circulating in the Indian and Pakistani communities in the U.S. about what the immigration implications will be. So far, the State Department has issued no visa restrictions relating to the nuclear testing, and there is no indication at this time that any will be issued. During past crises the U.S. has not been quick to issue visa restrictions. The only two countries that the U.S. has imposed visa restrictions against in the past during comparable crises are Cuba and Iran.

Under the Nuclear Proliferation Prevention Act of 1994, State Department officials could theoretically impose visa restrictions in cases where workers are involved in businesses exporting technology that could have military applications. People working on supercomputer projects are vulnerable in this regard. But it is important to note that this is pure speculation and nothing official has been announced.

There are other factors making the situation more complex and making visa sanctions less likely. First, there is a 1,000,000 strong member Indian community in the US who are becoming more and more vocal in opposing such sanctions. And, probably just as important, there is recognition by many that Indian and Pakistani nationals are playing a crucial role in helping the US address the Year 2000 computer bug crisis. Severe visa sanctions could jeopardize many company’s efforts to bring in enough workers. Hopefully, the US will look to Canada and the UK which are pushing very hard to bring in more technology workers to deal with the Y2K bug.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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