New rules in the US to regulate H-1B visa, help citizens

H-1B visa for highest skilled

A major affirmation came hours after the Trump Administration announced fresh restrictions on the issue of a non-immigrant H-1B visa.  It was made clear that the US government will improve the country’s work visa programs. Priority will be given to the highest-skilled workers. This will ensure that American jobs and wages are protected and the country’s economy is safeguarded after being severely affected by COVID-19.

But the new steps taken by the Trump administration will affect thousands of skilled workers and professionals who are willing to work in USA. Lately, the proposal to increase the wage level of entry-level foreign employees itself has presented the potential to cut short a huge chunk of USA work permit applications.

The interim final rule was announced on October 6, 2020, by the Department of Homeland Security. It narrowed the definition of “specialty occupation” the way Congress intended. The overboard definition that existed before had allowed the companies to have a better say in the foreign worker recruitment system.

Trump has always been of the opinion that the H-1B visa program has been misused by employers in the country by making it a pathway for inexpensive labor from abroad. Thus, the American workers have been at a disadvantage, as Trump observes.

The White House stated that the extremely important reforms will improve the H-1B program’s quality. There won’t be any change in the annual cap for H-1B visas decided by statute. Employers will no more be able to replace American labor with cheaper foreign labor.

The biggest beneficiaries of H-1B in the US are the tech companies who recruit thousands of skilled workers in the sector from countries including India and China. The new rules regarding US work visas will pose a big challenge to international IT professionals.

Steps are also in the offing to weed out “shadow” employers who use the H-1B program to displace native workers in the US. The validity period of work visas like H-1B will be reduced from 3 years to 1 year. The need for frequent re-application and consequent checks for compliance with H-1B program criteria will deter these shadow employers from operating.

Measures like workforce inspections will help the Department to revoke the H-1B petitions of employers who fail to cooperate with such inspections.

If you are looking to Study, Work, Visit, Invest or Migrate to USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Anshul Singhal

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