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New H-1B rules: A month before elections, Trump admin does a surgical strike – wage parameters hiked and visa norms tightened

prasad1

Active member
Late on Tuesday night, India time, the Trump administration issued two interim final rules (IFRs) relating to the H-1B visa program (skilled worker visa), which significantly raise wage parameters and tighten eligibility norms by narrowing certain definitions ranging from ‘speciality occupation’ to ‘employer-employee relationship’. New definitions such as third-party worksite have been incorporated. The fraud detection force has also got more teeth to conduct site visits and monitor compliance before, during, and after an H1-B petition (application) is approved.

The biggest blow to the IT Services sectors is that the new rules limit the H-1B visa tenure, where the employees are to be placed at third-party client sites to a maximum of one-year, from the current maximum tenure of three-years. In this context, Cyrus D. Mehta, New York based immigration attorney told TOI, “The rule is a full-frontal assault on Indian heritage IT Services companies, where H-1B employees are typically placed at third-party client sites.”

These rules will result in more request for evidence (requiring additional proof to be submitted by the sponsoring employer) during the process of vetting of visa applications, which in turn will lead to delayed and costlier processing of H-1B visas and make it hiring of H-1B workers more challenging.

 

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