{"id":57530,"date":"2018-10-19T19:26:10","date_gmt":"2018-10-20T02:26:10","guid":{"rendered":"http:\/\/siliconeer.com\/current\/?p=57530"},"modified":"2018-10-19T19:27:35","modified_gmt":"2018-10-20T02:27:35","slug":"u-s-plans-major-changes-in-h-1b-visas-by-jan-move-to-impact-indian-it-firms","status":"publish","type":"post","link":"https:\/\/siliconeer.com\/current\/u-s-plans-major-changes-in-h-1b-visas-by-jan-move-to-impact-indian-it-firms\/","title":{"rendered":"U.S. Plans Major Changes in H-1B Visas by Jan., Move to Impact Indian IT Firms"},"content":{"rendered":"

The Trump administration has said it is planning to “revise” the definition of employment and specialty occupations under the H-1B visas by January, a move which will have an adverse impact on Indian IT companies in the U.S. and small and medium-sized contractual firms mostly owned by Indian Americans, writes Lalit K. Jha.<\/strong><\/p>\n

The H-1B visa, most sought-after among Indian IT professionals, is a non-immigrant visa that allows U.S. companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.<\/p>\n

The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.<\/p>\n

The Department of Homeland Security (DHS) said, Oct. 17, that the U.S. Citizenship and Immigration Services (USCIS) plans to come out with its new proposal by January, 2019.<\/p>\n

The DHS said it was also proposing to remove from its regulations certain H-4 spouses of H-1B non-immigrants as a class of aliens eligible for employment authorization.\u00a0The move to end the rule could have an impact on more than 70,000 H-4 visas holders, who have work permits.\u00a0The H-4 visas are issued by the USCIS to immediate family members (spouse and children under 21 years of age) of the holders of H-1B visa.<\/p>\n

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 H-1B program.<\/p>\n

It will also “revise the definition” of employment and employer-employee relationship to “better protect” U.S. workers and wages, the DHS said.<\/p>\n

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 U.S. and also small and medium-sized contractual companies in the IT sector, which are mostly owned by Indian Americans.<\/p>\n

In addition, the DHS will propose additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders, the administration said.<\/p>\n

\"\"<\/a>
File photo of President Donald Trump speaking to workers at the headquarters of tool manufacturer Snap-On on April 18, 2017, in Kenosha, Wisconsin. During the visit, Trump signed an executive order to try to bring jobs back to American workers and revamp the H-1B visa guest worker program. (Scott Olson\/Getty Images)<\/figcaption><\/figure>\n

The H1-B 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.<\/p>\n

As an H-1B 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.<\/p>\n

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 H-1B non-immigrant classification.<\/p>\n

This rule precludes an individual from filing duplicate petitions on behalf of the same alien temporary worker.<\/p>\n

The rule also makes accommodations for petitioners to create a more efficient filing process for H-1B petitions subject to the annual numerical limitation.<\/p>\n

Observing that the demand for H-1B visas has often exceeded the numerical limitation, the DHS said it was proposing to establish an electronic registration program for such applications.<\/p>\n

This will allow USCIS to more efficiently manage the intake and lottery process for these H-1B petitions, it said.<\/p>\n

The Trump administration is reviewing the H-1B visa policy that it thinks is being misused by companies to replace American workers.<\/p>\n

The administration has said publicly and also in its court filing that it wants to revoke work permits to H4 visa holders, a significant majority of whom are Indian-Americans and women.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Trump administration has said it is planning to “revise” the definition of employment and specialty occupations under the H-1B visas by January, a move which will have an adverse impact on Indian IT companies in the U.S. and small and medium-sized contractual firms mostly owned by Indian Americans, writes Lalit K. Jha. The H-1B…<\/p>\n

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