H1B Visa Becomes More Tough For Indian Techies; Definition Of Employment Will Change

The United States is all set for voting for its new President on November 3. 

However, before this happens, the Trump government has rolled out its final (possibly) regulation, which is anticipated to target the foreign tech workers and bring changes to the H-1B visa policy.

The Department of Homeland (DHS) submitted some changes related to the H-1B visa programme to the White House on Thursday (Sept 4).

A New Change Formulated

Since his Presidency in 2016 , Trump has been very active towards reforming the visa policies, making it more stringent, thus leaving U.S. more inaccessible for foreign individuals.

The elections for the new POTUS is to be held on November 3, while here we are, with another one of Trump administration’s new ‘supposed’ policy’, targeting the entry of foreign immigrants in the U.S.

The DHS submitted a new regulation to the Information and Regulatory Affairs office of the White House, on September 4.

According to the regulation, the new change is designated to ‘strengthen’ the the H-1B programme in the country.

What are these Changes about?

Obviously, the changes haven’t been revealed yet the Office of Management and Budget (OMB) has informed on its site that the changes will include revision of the high-skill visa category and change in definition of specialty occupation.

There is also a change registered in the employer-client relation, aimed towards protecting the well-being and wages of US workers.

As per the information, “In addition, DHS will propose additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders.”

What Does this Mean, as Analysed by Immigration Experts

Even though the exact information on these changes haven’t been well documented by the DHS, different immigration experts have presented their take on the matter.

They have notified that such changes proposed by the government under the umbrella of making things better for foreign tech experts, will instead put a load on the already stringent policies between an employer and client.

A strain on the client-employer relation and processes will in turn, naturally affect conditions for foriegn employees looking to work in the U.S.

One such immigration attorney depicts that post the passage of this change (as proposed by the Govt), both the sides (client and employer) will have to submit labor condition applications jointly, for a foreign employee.

This will further make the process of qualifying for a H-1B visa more difficult.

Currently, while filing a H-1B visa, the LCA from just the employer, serves as a compulsory document. This holds the employer responsible of the foreign employee’s activities in the U.S.

However, jointly signing and submitting the LCA shall hold the client responsible of the employee too.

We will keep you posted regarding the follow ups on this topic.