The State Department has proposed not to give temporary business visas for H-1B specialty occupations. Which permitted serval companies to send their technology professionals for a short stay to finish jobs on-site in the US, a move that could affect many Indians.
The proposal, if finalized, will eliminate any misinterpretation that the “B-1 in lieu of H policy“. However, it gives an alternative avenue to foreign experts to enter the US to perform skilled labor that permits. And potentially even empowers them and their employers to circumvent the limitations and requirements relating to the H non-immigrant. An order set up by Congress to ensure the US workers, the State Department said.
The move unveiled on Wednesday, less than two weeks ahead of the November 3 presidential election. It is probably going to affect a few Indian organizations that send their technology experts on B-1 visas for a short stay to finish jobs on-site in the US.
On 17th December 2019, the Attorney General of California reported a USD 800,000 settlement against Infosys Limited. To resolve allegations that around 500 Infosys employees worked in the state. On Infosys-sponsored B-1 visas instead of H-1B visas, the State Department said.
“The proposed changes and consequent transparency would decrease the effect of foreign labor. On the US workforce of aliens performing an action in an H-1B specialty occupations without the procedural securities attendant to the H-1B classification,” it said.
H-1B specialty occupations
In its federal notice published on Wednesday. The State Department said the US architecture firm looking for security from labor costs in the nation. It might believe lay off its US architects and contract for similar professional architectural services to be given by a foreign architecture firm.
In the foreign firm sought for H-1B visas for its architects. It is needed to pay the overall wage for architects in the zone of intended employment in the United States. Probably a similar compensation the US architects had been paid, and meet different requirements instituted by the Congress to protect US workers.
Yet, under the B-1 in lieu of H policy. The foreign architects could apparently look for B-1 visas and travel to the US. To fill a temporary need for architecture services, as long as they held a residence in the foreign nation and kept on accepting a salary. May be significantly lower than what is customary for US architects. Dispersed abroad by the foreign firm (or under the auspices of a foreign parent or subsidiary), the State Department said.
Under the Department’s direction, visas could be given for various architects planning temporary work in the US in certain situations. However, a foreign employer may prevail with regard to sabotaging the US immigration law and policy by rotating architects. Between the US and the foreign nation to effectively fill the position of one US architect at a significantly lower cost, the notification said.
“If the architects who planned to perform skilled labor were “of distinguished merit and ability… looking to perform (temporary architectural services) exceptional nature requiring such merit and ability. One may contend the current regulatory language suggests this kind of labor is an acceptable basis for B-1 non-immigrant visa issuance,”. The State Department said.
US Proposal On H-1B
This potential result is dangerous to the US laborers and as opposed to the approaches of the Trump administration, it said.
The State Department said the application process for a B-1 visa. Does exclude similar procedural requirements to secure US workers like that of H-1B visas. Additionally, the fees for the B-1 visas are far less than that of H-1B visas.
While Congress required H-1B employers to pay noteworthy expenses to financial help to the US labor force. Just as prevention and detection of fraud associated with skilled labor. Also, employers are not needed to pay comparable fees to hire skilled workers under the B-1 in lieu of H strategy, it said.
As per the notice, the State Department estimates that this proposal will influence not more than 6,000 to 8,000 foreign laborers every year. Specifically, aliens intending to provide services in a specialty occupation in the US.
According to its estimate, up to 28% of the approximately 8,000 yearly B-1 visa issuances. Under the B-1 in lieu of H policy were to foreign workers who applied for a visa. To perform services in a specialty occupation for a small entity in the United States.