Donald Trump administration’s new H-1B rules, a blow to Indian tech workers

#DonaldTrump #H1BVisa #UnitedStates

According to new rules, H-1B petitions will be approved only for qualified beneficiaries and petitioners
The move is likely to affect thousands of Indian IT professionals
In June, the Trump administration suspended the H-1B visas until the end of 2020

Written By:Ayushi

Updated: October 06 2020 08:45:19 PM ET Washington D.C., DC, USA

The Donald Trump administration on Tuesday announced the interim restrictions on the H-1B nonimmigrant visa programme which it said is aimed at protecting American workers.

H-1B is a work permit that authorises a foreign worker to go to the United States and work for an American company. The foreigner must specifically work in a field that requires specialised knowledge.

Also read: Legislation introduced in US Congress to overhaul H-1B visa system

According to the new rules, H-1B petitions will be approved only for qualified beneficiaries and petitioners, a move which is likely to affect thousands of Indian IT professionals.

Basically, the new rules will do three things:

1. It will narrow the definition of a speciality occupation.

2. US companies would be required to give additional documentation to prove that they need H-1B workers to prevent them from displacing American workers.

3. The Department of Homeland Security (DHS) will do worksite inspection and monitor compliance before, during and after H-1B petitions are approved.

These rules may also change the minimum wage levels of H-1B workers. They are likely to hit hard at Indian workers as the US tech firms employ a large portion of Indians.

There were about 1.3 lakh Indian H-1B workers in the US at the end of FY19. Indians are one of the largest beneficiaries of the 85,000 H-1B visas issued every year.

Also read: US court turns down challenge to Trump’s temporary ban on H-1B

According to the DHS’ data, more than half-a-million H-1B nonimmigrants in the US have been used to displace US workers, which has led to reduced wages in a number of industries in the US labour market and the stagnation of wages in certain occupations.

Trump, a Republican, is seeking another term in the White House. He is being challenged by former Vice President Joe Biden of the Democratic Party in the November 3 presidential election.

In June, the Trump administration suspended the H-1B visas along with other types of foreign work visas until the end of 2020 to protect American workers.