No fundamental change in H1B visa programme: US diplomat

The H1B visa programme has not undergone any fundamental change, a senior US diplomat said here on Monday, seeking to allay apprehension among Indians that amendments to it would harm their interest.

There is no change in the processing of H1B visas from the (US) Consulate (in Mumbai), USA' Mumbai-based Consul General Edgard D Kagan told reporters. “There is a sense in India that the changes in H1B can have a big impact in India. We understand that and we have heard that message from the Indian government and recognised that it is important here. We would ask Indians to recognise that this is not about India and it is not about USIndia relationship. This is about a broader policy that affects countries around the world, from the American perspective and, therefore, it is very important to get it right.”

The H1B visa is a non-immigrant one that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.

The Donald Trump administration last week announced a new policy that tightens the procedure of issuing H1B visas for those to be employed at one or more third-party worksites, a move that will hugely impact Indian information technology companies and their employees. Under the new policy, a company would have to go the extra mile to prove that its H1B employee at a third-party worksite has specific and non-qualifying speculative assignments in speciality occupation.

“Clearly, India is the largest single beneficiary of the programme. But, I think when Indians look at H1B and look at the changes of the programme, they believe this is about the US-India relationship. But I can assure you from American perspective that is not the case,” Kagan said.

He said the programme in the US was viewed as a global one and the concerns were about making it sure that the companies do not abuse people who receive the visas.

“Tightening of some of the procedures are to make sure the people who receive H1B visas are being treated as they are supposed to by the companies. And, also making sure the programme is working as it was intended to,” Kagan said. “To be fair, we have always looked very closely and made sure that there is no fraud and that people meet the right qualification for H1B. There have been adjustments on how the programme is implemented and designed to ensure that there is no fraud and abuse in US. But what media has focused is on changes having to do with how the petitioning process has been handled in the US. We do not have details about it as we do not handle it at the consulate. But the continuing goal of the programme is that it works as it was designed to address the real needs in the US.”