Donald Trump’s ‘no extension to H-1B visa’ proposal may affect thousands of Indian professionals

The proposal, being circulated in internal memos in the DHS department, aims to impose new restrictions to prevent abuse and misuse of H-1B visas.

By: Express Web Desk | New Delhi | Updated: January 2, 2018 2:41 pm
US move to hike H1B minimum wages will hit Indian IT sweatshops The proposal, being circulated in internal memos in the DHS department, aims to impose new restrictions to prevent abuse and misuse of H-1B visas

In what could worry thousands of Indian professionals working in the United States, the Department of Homeland Security is considering a proposal that would prevent the extension of H-1B visa, McClatchy’s DC Bureau reported. This could directly impact those working in US from keeping their visas while their green card applications stand pending. The proposal is being seen as an extension of President Donald Trump’s “Buy American, Hire American” initiative.

The proposal, being circulated in internal memos in the DHS department, aims to impose new restrictions to prevent abuse and misuse of H-1B visas. It also intends to end the provision of granting extension for those who already have a green card. The proposal also includes strengthening the definition of visa-dependent companies in terms of minimum salary and movement of talent in order to restrict the number of people coming to the US to work. Earlier, the Trump administration had also announced plans to revoke work eligibility for spouses of H-1B holders.

“The idea is to create a sort of ‘self-deportation’ of hundreds of thousands of Indian tech workers in the United States to open up those jobs for Americans,” a US source briefed by homeland security officials told McClatchy DC Bureau.

What is the H1-B visa programme?

The proposal is suggested to be an extension to the proposed US bill ‘Protect and Grow American Jobs’. Apart from prescribing higher minimum wages, the Bill places the onus on clients that they will certify that the visa holder is not displacing an existing employee for a tenure of 5-6 years.

Software body Nasscom has flagged its concerns over visa-related issues and has taken it up with Senators, Congressmen and the administration. “That formulation has conditions which are extremely onerous and makes it very difficult for people to not just get the visa but also on how they can be used,” R Chandrashekhar, President, National Association for Software and Services Companies (Nasscom) told PTI.

The H-1B visa an employment-based and non-immigrant visa category for temporary workers that allows the US companies to recruit foreign workers. The H-1B programme is not limited to those in the technology sector. In fact, it is open to a broad range of occupations, including architects, professors and even fashion models. Companies must affirm that the job requires a specialty skill that cannot be filled by a US worker.

But many of these skills happen to be in tech and as per the US Labor Department the top three occupations are computer systems analysts, application software developers and computer programmers — they account for half of the H-1B certifications.

The US allows up to 85,000 new H-1B visas each year with recipients being allowed to stay up to six years. Since demand tends to be higher, the government tops this up with an annual lottery. An estimated 70 per cent of these visas go to Indians – hired mostly by IT companies. The program however, faces criticism from the American workers. Many claim that H-1B visas are increasingly being abused and that locals are often laid off in exchange of foreign workers.

Earlier this year, Trump administration issued stern warning to companies against discriminating US workers by over-hiring H-1B visa holders. “This historic action declares that the policy of our government is to aggressively promote and use American-made goods and to ensure that American labor is hired to do the job. It’s America first, you better believe it,” Trump said in April when announcing the executive order.

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  1. Positive Pause
    Jan 8, 2018 at 8:03 pm
    Below Immigration rules are under proposal 1. Visa Only Policy. One must leave the country before the Visa expire on Passport. No more I-94 concept. Provide 60 days to all the visa holders ( Without STAMP) to leave the country and re-enter after stamping from Home Country. Any non-compliance would result in ill-legal status, which would result in permenent BAN and cancellation of any existing other applicatin in progress including Permement Resident or other. 2. Put strict rules at USA consulate to check the employment and Client verification process. 3. All pending GC must have mandatory Interview at HOME COUNTRY.Check how and why the employer never found a suitable American candidate for past 5-10 years while waiting for the other resource to get GC. The employer must show efforts every year he performed to identify and hire American for that position. 4. Point based Visa qualifications system even for dependents to apply for work vis
    (1)(0)
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    1. Positive Pause
      Jan 8, 2018 at 8:06 pm
      Below Immigration rules are under proposal 1. Visa Only Policy. One must leave the country before the Visa expire on Passport. No more I-94 concept. Provide 60 days to all the visa holders ( Without STAMP) to leave the country and re-enter after stamping from Home Country. Any non-compliance would result in ill-legal status, which would result in permenent BAN and cancellation of any existing other application in progress including Permement Resident or other. 2. Put strict rules at USA consulate to check the employment and Client verification process. 3. All pending GC must have mandatory Interview at HOME COUNTRY.Check how and why the employer never found a suitable American candidate for past 5-10 years while waiting for the other resource to get GC. The employer must show efforts every year he performed to identify and hire American for that position. 4. Point based Visa qualifications system even for dependents to apply for work vi
      (1)(0)
      Reply
    2. Dan Johnson
      Jan 8, 2018 at 7:19 am
      adios slum dogs
      (2)(1)
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      1. Devdan Gershon
        Jan 3, 2018 at 8:52 pm
        Here me out!!! there will never be 100 gain or loose here....!! US is smart, the policy will not be in effect on day 1. They will slowly stop approving H1 Visas for those who completed 6 years already. We hear some cases where some extensions beyond 6 years are being rejected. This will slowly fill in the gap. US will hire people from other countries but the rate will slow down. India is still far away from the infrastructure the US has, this means Indians can create jobs for their IT professionals but not as many. The rate at which India produces Engineers will not provide jobs to even 30 engineers and skilled people. The saturation will start not too late after the changes take place. That is why US will not implement the new policy overnight, they will take time and go slow and steady. This will affect each individual who loses their job. The best thing to do is to live each day to its best and do your best at what you are doing. What has to happen will happen! take it easy !!
        (6)(1)
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        1. Tanneeru Digamber Kalidas
          Jan 3, 2018 at 6:13 am
          It will definitely dwindle our foreign exchange reserves and increase unemployment in the Country. At the same time it will bring down the inflation also. It will also teach us to serve our own Country instead of serving and developing other countries. It also inculcates patriotism and development of our own nation.
          (8)(0)
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          1. John Smith
            Jan 3, 2018 at 4:56 am
            Time to head for home h1B job robbers
            (10)(18)
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            1. sohail998 monga
              Jan 3, 2018 at 11:24 pm
              You still won’t get any good IT jobs stupid white trash
              (7)(3)
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              1. Dan Johnson
                Jan 8, 2018 at 7:18 am
                yeah, but at least I'll be able to get your mom to suck her own p00p of of my d!ck
                (2)(1)
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