Thursday, October 18, 2018

Donald Trump plans major changes in H-1B visa, likely to 'revise' definition of employment, specialty occupation



Washington: The Donald Trump administration has aforementioned it's getting to "revise" the definition of employment and specialty occupations below the H-1B visas, a move which can have a damaging impact on Indian IT firms and tiny and medium-sized written agreement companies principally in hand by Indian-Americans.

The H-1B visa, most sought-after among Indian IT professionals, could be a non-immigrant visa that enables U.S. firms to use foreign employees in speciality occupations that need theoretical or technical experience. The technology firms depend upon it to rent tens of thousands of workers every year from countries like Asian nation and China.


The Department of independent agency (DHS) aforementioned on weekday that the U.S. Citizenship and Immigration Services (USCIS) plans to come back out with its new proposal by Jan, 2019.

It will "propose to revise the definition of specialty occupation" to extend target getting the most effective and therefore the brightest foreign nationals via the H-1B programme. it'll additionally "revise the definition" of employment and employer-employee relationship to "better protect" U.S. employees and wages, the DHS aforementioned.

Such a move, that is an element of the Unified Fall Agenda of the Trump administration, can have a damaging impact on the functioning of Indian IT firms within the U.S. and additionally little and medium-sized written agreement firms within the IT sector, that ar principally in hand by Indian-Americans.

In addition, the DHS can propose further necessities designed to confirm employers pay applicable wages to H-1B visa holders, the administration aforementioned. The DHS reiterated that it absolutely was proposing to get rid of from its rules bound H-4 spouses of H-1B non-immigrants as a category of aliens eligible for employment authorisation.


Th H-4 visas ar issued by the USCIS to immediate members of the family (spouse and kids below twenty one years of age) of the holders of H-1B visa.

The DHS aforementioned it absolutely was additionally finalising its interim regulation governing petitions filed on behalf of alien employees subject to the annual numerical limitations applicable to the H-1B non-immigrant classification.

This rule precludes a private from filing duplicate petitions on behalf of an equivalent alien worker. The rule additionally makes accommodations for petitioners to make a additional economical filing method for H-1B petitions subject to the annual numerical limitation.

Observing that the demand for H-1B visas has typically exceeded the numerical limitation, the DHS aforementioned it absolutely was proposing to ascertain associate degree electronic registration programme for such applications. this can enable USCIS to additional expeditiously manage the intake and lottery method for these H-1B petitions, it said.


The Trump administration is reviewing the H-1B visa policy that it thinks is being ill-used by firms to switch yank employees.

The administration has aforementioned in public and additionally in its court filing that it desires to revoke work permits to H4 visa holders, a big majority of whom ar Indian-Americans and ladies. The move can have a significant impact on Indian ladies as they're the most important beneficiary of the Obama-era rule.


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