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The definition of employment and specialized professions under H-1B visa must be revised by January. Photo: Mint
Washington: The Trump administration announced it plans to "revise" the definition of jobs and specialties in US H-1B visas by January, a decision that will affect Indian IT firms in the US and small and medium-sized businesses. medium-sized contracted companies majority owned by Americans of Indian origin.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialized professions requiring theoretical or technical expertise.
IT companies rely on these visas to hire tens of thousands of employees each year from countries like India and China.
The Trump administration is reviewing the H-1B visa policy, which it says is being misused by companies to replace US workers with foreign workers. The administration has also announced plans to revoke work permits issued to H-4 visa holders, a large majority of whom are Americans of Indian descent and women.
This decision will have a major impact on Indian women, who are the main beneficiaries of the Obama era regime.
The US Department of Homeland Security (DHS) said on Wednesday that the US Department of Citizenship and Immigration (USCIS) was planning to submit its new proposal by January 2019.
DHS said it also proposed to remove from its regulation some H-4 spouses of non-immigrants H-1B as a category of aliens eligible for an employment authorization.
The decision to end the rule could have an impact on more than 70,000 H-4 visa holders who have a work permit. The USCIS issues these visas to members of the immediate family (spouse and children under 21) of H-1B visa holders.
DHS said it would "propose to revise the definition of specialized occupation" in order to focus on obtaining the best and brightest foreign nationals through the H-1B program.
It will also revise the definition of employment and the employer-employee relationship to "better protect" American workers and wages. In addition, the DHS will propose additional requirements to ensure that employers pay an appropriate salary to H-1B visa holders, the administration said.
"This is a very important issue for us, which is why we have passed this question over and over again to the United States," Foreign Ministry spokesman Raveesh Kumar told reporters in New York. Delhi. The issue was last discussed with US Secretary of State Mike Pompeo during his visit here on Sept. 6, said Kumar.
"We are in close contact with the US administration and the US Congress about it. It is true that the administration has taken steps to prevent any misuse of this program. And some bills have been introduced. I think what we are hearing is the provisions of these bills. But it's important to know that none of these bills have been passed, "Kumar said.
"When we engaged with the United States, we emphasized that the partnership we have in the digital world has been mutually beneficial. We highlighted the role played by highly skilled Indian professionals who have truly contributed to the growth and development of the US economy and helped the United States maintain its competitive edge in the world, " he declared.
This operation, which is part of the Trump administration's unified fall program, will have a negative impact on the operations of Indian IT firms in the United States as well as small and medium-sized IT contractors, most of which are property of Americans of Indian origin.
The H-1B visa has an annual ceiling of 65,000 visas for each financial year, as mandated by the Congress. The first 20,000 applications filed on behalf of beneficiaries with a master's degree or a higher degree in the United States are exempt from the ceiling.
As a non-immigrant H-1B, the applicant can be admitted for up to three years. The schedule can be extended, but can not usually exceed six years.
DHS stated that it was also finalizing its provisional regulations governing applications filed on behalf of foreign workers, subject to the annual numerical limitations applicable to non-immigrant H-1B classification. This rule prevents a person from filing duplicate applications on behalf of the same foreign temporary worker.
The rule also provides for adaptations for petitioners to create a more efficient filing process for H-1B petitions, subject to the annual numerical limitation.
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