The Department of Homeland and Security (DHS) proposed some changes to the H-1B Visa program may effect before the USA gets the new President.
Recently DHS has submitted the regulation to reinforce the H-1B visa program on 4th September. The submission is awaiting permission from the OMB (Office of Management and Budget). Just OMB has less than 90 days of time to check the regulation and clear it. When the OMB clears the regulation, it can produce an immediate effect.
What are the Changes?
Details of the request are kept hidden. According to the available information the OMB’s website recommends that these proposals will have to modify the purpose of a specialty occupation. The Trump organization decided to tempt only the best and most splendid foreign skilled laborers through the H-1B Visa Program.
The expected changes going to be made by the Department of Homeland Security (DHS) include revising the definition of the employer-employee relationship to protect the US laborers and wages. Also, the DHS will propose more requirements designed to guarantee that employers pay suitable wages to the H-1B visa holders.
Without any information, it is very difficult to state with assurance the impact of such changes however immigration specialists have brought up that this will make things hard for both customers and employers, which in turn will impact employees. Hendrik Pretorius, an Immigration legal counselor, said in his LinkedIn post that, these proposed rules are pointed toward making qualifying for H-1B much harder than it is today.
Indian IT Services firm and tech organizations will get affected if the submission gets endorsed. The IT laborers have been the biggest beneficiaries of the H-1B program. Any modifications to the program and they will bear the consumed. Out of 85,000 new visas allocated every year, IT firms continue to account for a considerable share of the H-1B visas, despite the expanding rejection rate. Their numbers have decreased throughout the most recent three years.
Since there is no clarity about the review is yet to be completed or not. The immigration experts are preparing for the changes going to be done. In case if regulation gets endorsed, then it will be inquired in the court.