H1B Visa Updates: The New Regime Will Impact Indians, How?


H1B Visa is a work visa in the United States whereby US employers temporarily employ foreign workers in specialty occupations. This visa is often used by Indian and Chinese nationals. If we take a look a decade back, the industry for H1B Visa was thriving. However, in recent years, the restrictions have choked hopeful employees from other nations. The recent rule tightening by the Trump administration further aims at strangulating the Indian aspirants. Thus, if you are an Indian and you were eagerly waiting for relaxed updates on the H1B visa, sorry to disappoint.

H1B visa updates
Trump administration imposes new rules, for you


What are some new H1B Visa updates?


The first and foremost update that obstruct the Indians to immigrate into the US is the wage increase. The wage increase makes it tough for companies to hire H1B workers. The rule wants to induce local hiring. However, US immigration attorneys are filing a lawsuit against the wage hike. From October 8, 2020, the H1B wages will increase by 47 percent. Furthermore, the Trump government also tightened the rules as far as the qualification requirements are concerned. The wage hike will apply to all H1B, H1B1 (Chile and Singapore), E3 (Australia), and green card applicants. These include all four levels.

Earlier, these visas were criticized because they motivate hiring at low wages. Typically, workers from other countries are content at working at a lower wage which further dampens the American local environment. The new rules of H1B visa will come into execution 60 days from the publication in the Federal Register. The DHS wants the new rules of the visa only to be applicable for ‘qualified beneficiaries and petitioners.’


H1B visa updates
USCIS and DHS want to strengthen the US economy

Specialty occupation to come into practice

Specialty occupation mandates that whenever any US employer wants to hire a non-US national, they have to prove thoroughly that such employees are not available from the domestic workers. Furthermore, DHS specified that most of the time, US nationals used to make fictitious work to offer to acquaintances. Indian and US companies have given work to people via an H1B visa only on paper. This not only made them evade taxes but also cut the work for eligible US workers. After approval of H1B now, constant monitoring at the worksite will happen to ensure that such practice is not practiced.

Under the specialty occupation, at least 65,000 visas issued annually will not go into action. Companies rely a lot on H1B workers. These include big names like Amazon, Google, TCS, Infosys, Wipro, and HCL. Most of these workers were Indian nationals. The motive of the DHS and the government is not to allow exploitation of the workers, both on visa and local. If the companies hire people at lower than average US salary, this deflates the economy, discourage local people, and infiltrate the reliance H1B visa workers show on their employees.


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