The process of traveling to the United States may soon become more unpredictable, with visa rules potentially changing overnight without public input. A recent decision by the US State Department could allow sweeping immigration policy shifts without the usual notice or opportunity for feedback.
Ordinarily, when the US government considers changes to immigration rules, there is a public comment period where individuals, businesses, and other stakeholders can share their perspectives. This process was followed for proposed modifications to the H-1B visa program, with many people, including a significant number from India, voicing their concerns before the government made a final decision.
However, Secretary of State Marco Rubio has now argued that visa and immigration policies fall under “foreign affairs” and should not be subject to the same public review process as other regulations. This change, outlined in a notice set to be published in the Federal Register, could lead to sudden and unexpected shifts in policies affecting those seeking to work, study, or visit the US. Employers and workers relying on visa approvals and renewals may face disruptions without prior warning.
Under the current system, agencies typically provide a 30-60 day period for public feedback on proposed rule changes. This allows those affected to voice concerns and even challenge unfair regulations in court. By removing this process, the new approach limits opportunities for public scrutiny and legal recourse.
This move follows a similar decision by the Department of Health and Human Services, which recently announced that certain regulations no longer require public consultation. Both decisions align with President Trump’s “America First” policy, aimed at prioritizing national interests. While supporters argue this approach strengthens control over immigration, critics fear it reduces fairness and transparency, leaving individuals, especially those from countries like India, vulnerable to sudden policy shifts without a chance to prepare or respond.
