Washington/ New Delhi: If the Trump administration goes ahead with its plan to tweak H-1B visa rules, it may possibly result in deportation of a large number of high-skilled Indians, who are waiting for their Green Card. At the same time, the move, which is aligned with President Donald Trump’s “Buy American, Hire American” vision, may also radically change the manner in which high-tech companies function in the United States.
The proposal, titled Protect and Grow American Jobs, aims to put an end to the provision of granting extensions to people with H-1B visa, especially those whose applications for permanent residency in the United States have already been accepted. Currently, the proposal has been sent to the Department of Homeland Security in the form of an internal memo.
In case the administration decides to go ahead with the proposal, as many as 500,000 to 750,000 Indians holding H-1B visas may be sent home, as Trump’s “Buy American, Hire American” aims to provide a boost to the manufacturing sector and also generate more employment for Americans.
Already, National Association for Software and Services Companies (Nasscom) has raised its concern over the proposals saying it is riddled with “onerous conditions” and places “unprecedented obligations” on both Indian IT companies and clients using H-1B visas. According to the nodal body, it has flagged its concerns around visa related issues in the US with the senators, Congressmen and the administration, and will engage further in a dialogue over the next few weeks over the proposed legislation.
The Bill proposes new restrictions to prevent abuse and misuse of H-1B visas. It tightens the definition of visa dependent companies, and imposes fresh restrictions in terms of minimum salary and movement of talent. Apart from prescribing higher minimum wages, the bill places the onus on clients that they will certify that the visa holder is not displacing an existing employee for a tenure of 5-6 years.
“That formulation has conditions which are extremely onerous and makes it very difficult for people to not just get the visa but also on how they can be used,” R Chandrashekhar, president, Nasscom told PTI.
The Bill has been passed by the House Judiciary Committee and is now headed for the US senate. “We do not know the exact timeline but we have been told it will come up early 2018,” he said.
Agencies
