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New H1-B Visa rules get tougher

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 The Trump administration has announced a new policy that makes the procedure of issuing H-1B visas to those to be employed at one or more third-party worksites very tough. The move will hugely impact Indian IT companies and their employees. The new policy demands that the company would have to prove that its H-1B employee at a third-party worksite has specific and non-qualifying speculative assignments in speciality occupation.

 

“When H-1B beneficiaries are placed at third-party worksites, petitioners must demonstrate that they have specific and non-speculative qualifying assignments in a specialty occupation for that beneficiary for the entire time requested on the petition,” the USCIS said in a statement. “While an H-1B petition may be approved for up to three years, the USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship,” it added.

 

The H-1B programme offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers.

 

Indian IT companies, which are among the major beneficiaries of H-1B visas have a significant number of its employees deployed at third-party worksites. A significant number of American banking, travel and commercial services depend on on-site IT workers from India to get their job done.

 

According to the US administration officials, the scrutiny is needed to ensure the integrity of the controversial visa programme, which according to critics has cost American jobs.

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