Problems lurks for Indians working in the United States
The Trump administration’s decision to end the Obama era government could have a huge impact on more than 70,000 H-1B visa holders, who have work permits. H-4 is issued to the spouse of holders of the H-1B visa, a significantly high number of which are highly qualified professionals from India. They had obtained work permits under a special order issued by the previous Obama administration. This movement, although it will only impact a small percentage of the H-1B visa holders who applied for a Green Card, the Indian industry considers them restrictive. In a statement issued, the Department of Homeland Security (DHS) of the US. He said he intends to eliminate that rule without too many details behind the decision. He simply said that the measure is in accordance with the position of the “American Purchase, Hires Americans” policy of the Donald Trump administration.
Soon, these dependent of holders of the H-1B visa will not be able to work legally in the United States. The Trump administration plans to propose that work permits be granted to the spouses of H1-B visa holders to work legally in the US. A senior federal official has told lawmakers, a move that could have a devastating impact on tens of thousands of Indian people. A formal communication is expected later this summer. The Director of the United States Citizenship and Immigration Service (USCIS), Francis Cissna, said in a letter to Senator Chuck Grassley. “Our plans include proposing regulatory changes to eliminate H-4 dependent from the eligible alien class for employment authorization, thus reversing the 2015 final rule that granted such eligibility.” According to a recent study by the Migration Policy Institute, the United States has issued employment authorisation documents to more than 71,000 H-1B visa spouses, of whom more than 90 percent are Indians. The American Indians were the main beneficiaries of this provision. More than 100,000 H-4 visa holders have been beneficiaries of this rule. A 2015 rule issued by the Obama administration allows work permits for spouses who might not otherwise be employed while H-1B visa holders seek permanent resident status, a process that can take a decade or more.
Changes to H-1B visa regulations Different bills proposed by senators have pushed for reforms in the H-1B and L-1 visa regulations. Some of the proposed changes are:
- Double the minimum wages of holders of H-1B visas to $ 130,000.
- Assign 20% of H-1B visas for small and new employers.
- Eliminate the “country by country” limit to ensure equitable distribution.
- Firms that hire holders of an H-1B visa must make a “good faith” effort to recruit Americans first.
- Give preference to students educated in the USA For H-1B visas instead of the computerised lottery system.
- Take strong measures against subcontracting companies that temporarily import workers. Train and then send them home to do the same work
- Prohibit spouses of H-1B visa holders from working in the US ·
- Prohibit companies with more than 50 employees, of which at least half are H-1B or L-1 holders, Hiring additional H-1B employees.
- Strict audit and verification by the Department of Labour to stop fraud or misuse.
What is the Trump administration doing?
DHS also stated its intentions for other changes to the H-1B visa program and said it could revise the definition of which professions will be eligible for the visa program. This is done to “increase the focus on obtaining the best and brightest foreign citizens,” said R Chandrashekhar, chairman of the Indian IT industry body Nasscom, who said that this is part of the recent steps that are tightening the regulatory framework. make the H-1B visa more stringent for skilled workers. In a ruling in February 2015, the Obama administration allowed the spouses of H-1B visa holders to take jobs in the United States with an H-4 visa as dependants. This was a long pending demand of the industry and was aimed at reducing “stress” on immigrants. However, in March of this year, the Trump administration requested a deadline of 60 days to respond to a court case filed by Save Jobs USA that challenged the decision of the previous Obama administration to authorise spouses of H1- holders. B waiting for permanent residence to work in the United States
Experts and immigration lawyers said that it could add to the general protectionist environment around holders of the H-1B visa.
“Such proposals are restrictive for potential immigrants with skills.The wave of visa restriction has been there clearly for some time and this proposal further accentuates the restrictions,” said partner, Grant Thornton India LLP, adding that one has to see how the measure is implemented. In April of this year, Trump signed an executive order to review the H-1B visa, which was one of his key electoral promises.