TRUMP TIGHTENS TECH VISA RULES
Computer programmers to feel the heat
WASHINGTON: Donald Trump has warned firms not to discriminate against American workers by “misusing” H-1B work visas, the most sought after by Indian firms.
The Trump administration has issued a stern warning to US companies not to discriminate against qualified American workers by "misusing" the H-1B work visas programme, the most sought-after by Indian IT firms and professionals, reports PTI.
"The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against US workers," said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. He also cautioned that the Justice Department would investigate and prosecute those who overlook qualified American workers for jobs. The warning came as the US government began accepting employers' H-1B visa petitions for the next fiscal year beginning October 1, 2017.
The US Citizenship and Immigration Services (USCIS) on Monday also announced multiple measures to "deter and detect" what it described as "fraud and abuse" of the H-1B work visas. The USCIS announcement indicated that the US government is going to be tough and stringent in approval of H-1B visas this year. The USCIS has a Congressional mandate to issue 65,000 H- 1B visas in general category and another 20,000 for those applicants having higher education -- masters and above -- from US universities in the field of science, technology, engineering and mathematics.
Asserting that its multiple measures announced will further "deter and detect H1B visa fraud and abuse", the USCIS said the H-1B visa programme should help US companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. "Yet, too many American workers who are as qualified, willing and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for the USCIS," a statement said.
During his election campaign, President Donald Trump had promised to increase oversight of the H-1B and L-1 visa programmes.
Trump had accused companies of abusing the H-1B programme as a way to hire foreign workers who take jobs away from Americans, at lower salaries. The antidiscrimination provision of the Immigration and Nationality Act (INA) generally prohibits employers from discriminating against US workers because of their citizenship or national origin in hiring, firing and recruiting.
"Employers violate the INA if they have a discriminatory hiring preference that favours H-1B visa holders over US workers," the Justice Department said in a statement.
"US workers should not be placed in a disfavoured status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims," Wheeler warned. H-1B visa programme allows companies in the US to temporarily employ foreign workers in speciality occupations such as science and information technology.