Nuclear Tests and Nonimmigrant Visas
Prior to May 1998

The Law Office of Sheela Murthy has been receiving e-mails and telephone calls all week regarding the possible ramifications and implications of U.S. sanctions on immigration to the U.S. against Indians because India conducted a series of nuclear tests on May 11 and May 13, 1998. The issue was first raised by CNN with the fact that visas for students and temporary workers may be revoked as a result of the sanctions.

On Monday, May 11, 1998, there was tremendous concern among immigrants. Not only did INS release its decision that the H1B cap had possibly been met, nonimmigrants from the Indian subcontinent have been nervous about the impact of U.S. sanctions since India conducted the nuclear tests.

It is unlikely, though not impossible for the U.S. to impose visa restrictions against Indian citizens as a result of the sanctions. Very rarely has the U.S. resorted to imposing sanctions on immigration when it threatens financial sanctions. For example, even during the Gulf War with Iraq and all of the problems with Iraq, the U.S. imposed financial sanctions but did not impose any immigration sanctions against citizens of Iraq. The two exceptions during a diplomatic crisis where there was a negative impact on the issuance of visas to citizens of a particular country, occurred against Cuba and Iran by the U.S. Another possible reason is that there is already a shortage of approximately 340,000 high tech jobs in the U.S. today and although there are no accurate statistics of the exact number of Indian computer wizards, the general perception that it is a substantial proportion could also play a part in not imposing visa restrictions.

The information as of May 18, 1998, provided to the Law Office of Sheela Murthy is that at present, all of the consulates in India are fully operational and visa issuance ( or non-issuance) has not been adversely impacted by the U.S. imposition of sanctions.

It is important to understand the law which allows the U.S. President to impose sanctions against certain countries. The law which was passed in 1994 is referred to as the 1994 Nuclear Proliferation Prevention Act. The law allows the imposition of the following on a country that detonates nuclear devices:

* U.S. opposition of loans from international financial institutions such as the International Monetary Fund or the World Bank.

* Total Bar of any U.S. bank lending money to the country, except for loans that provide food or other agricultural commodities.

* Denial of U.S. credits and credit guarantees.

* Total Ban on the sale to India of any equipment or technology with a possible military application and this includes computers and other high-tech hardware.

Although the United States is India's largest trading partner and U.S. aid to India for its social programs is supposed to be approximately $140 million each year, the Indian official position is that of calm in response to the U.S. sanctions and India has even suggested that it is willing to sign the international treaty prohibiting the testing of nuclear devices probably to now appease the U.S. The bottom line for nonimmigrants is not to feel nervous when there is no real cause to worry and especially when not a whole lot can be achieved by worrying about a situation that is still unfolding. The Law Office of Sheela Murthy will continue to keep you posted of any significant or noteworthy developments in this regard.