US plans changes in H1B visas by January
The US government said it was planning to “revise” the definition of employment and specialtyoccupations under the H 1 B visas by January. The move will impact Indian IT companies in the US and small- and-medium-sized contractual firms mostly owned by Indian-Americans.
The Trump administration has said it is planning to “revise” the definition of employment and specialty occupations under the H1B visas by January, a move which will have an adverse impact on Indian IT companies in the US and small- and medium-sized contractual firms mostly owned by Indian-Americans.
The H-1B visa, most sought-after among Indian IT professionals, is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
The Department of Homeland Security (DHS) said on Wednesday that the US Citizenship and Immigration Services (USCIS) plans to come out with its new proposal by January, 2019.
The DHS said it was also proposing to remove from its regulations certain H4 spouses of H1B nonimmigrants as a class of aliens eligible for employment authorisation.
The move to end the rule could have an impact on more than 70,000 H4 visas holders, who have work permits. The H4 visas are issued by the USCIS to immediate family members (spouse and children under 21 years of age) of the holders of H1B visa. The DHS said it will “propose to revise the definition of specialty occupation” to increase focus on obtaining the best and the brightest foreign nationals via the H1B programme.
It will also “revise the definition” of employment and employeremployee relationship to “better protect” US workers and wages, the DHS said. Such a move, which is part of the Unified Fall Agenda of the Trump administration, will have a detrimental impact on the functioning of Indian IT companies in the US and also small and mediumsized contractual companies in the IT sector, which are mostly owned by Indian-Americans.
In addition, the DHS will propose additional requirements designed to ensure employers pay appropriate wages to H1B visa holders, the administration said.
The H1B visa has an annual numerical limit cap of 65,000 visas each fiscal year as mandated by the Congress. The first 20,000 petitions filed on behalf of beneficiaries with a US master’s degree or higher are exempt from the cap.
As an H1B non-immigrant, the applicant may be admitted for a period of up to three years. The time period may be extended, but generally cannot go beyond a total of six years.
The DHS said it was also finalising its interim regulation governing petitions filed on behalf of alien workers subject to the annual numerical limitations applicable to the H1B non-immigrant classification.