Process to get the visa
In order to get this visa, the employers must offer a US job and apply for H1B visa request to the US Department of Immigration. Upon approval the petition becomes a work permitting a person to get the visa stamp and work in the country for that specific employer.
The Congress has mandated that this H-1B visa must have the yearly limit cap of 65,000 visas, for regular candidates every year. Moreover, additionally 20, 000 H1B visas of the master’s category are issued to qualified professionals who possess a Masters degree from US. This quota is from the general quota of 65,000.
The US Administration
The US Administration now has a tough stance and a modified process of selection of H1B visas. The aim here is to improve the intake of H-1B applications. It processed the master’s pool first and subsequently sent applications in the general pool. In a proposed rule, U.S.C.I.S will first facilitate all applicants in the general visa pool. If the targeted cap is reached, additional US degree holders will go to the visa pool of 20,000. Through this there is a possibility of an increase of 15% in H-1B visa holders having the advanced degrees. Indians acquire 60% of these H-1B visas. Presently, the US Government wants tough rules for H-1B visas and accommodates the recruitment of US citizens in such companies. This will help to and increase the presence of Americans.
New rules have a huge effect
The USCIS has the mandate to issue visas to immigrants. These new rules prohibit employers dependent on H-1B to replace local workers with H-1B workers. They have to recruit Americans first. Also another clause says that the companies have to report to the Labor Department regarding their efforts in recruiting American workers.
Additionally the new labor certification requires employers to specify if H-1B workers will work at third party work sites, and all details of these workers at each site. Additionally they must show the names/addresses of clients.
Impact on India
Indian IT companies recruit bachelor degree holders, and the policy will reduce the number of available visas. It will also give more permits to the US master’s degree holders.
The policy offers protection to American workers but puts a cap on recruitment of citizens of India in US. The Indian External Affairs Minister has deliberated on this concern in a bilateral meeting with the USA.
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