Something went wrong with the connection!
 Breaking News
  • NO JOKE THIS Kapil Sharma has really got married India Post News Service Jaswant Singh Gandam PHAGWARA/JALANDHAR: One of the most loved standup comedian- turned -actor Kapil Sharma’s marriage with his college time...
  • Akshaye Khanna’s mother Geetanjali passes away MUMBAI: Geetanjali Khanna, the first wife of late Bollywood actor Vinod Khanna and the mother of actors Akshaye and Rahul Khanna, has passed away, hours after complaining of uneasiness. She...
  • 2 Indians among 5 running movie piracy ring LOS ANGELES: Two Indians are among five men charged in the US for allegedly running an international piracy ring that distributed major movies and television shows prior to their official...
  • Statue of Bhupen Hazarika unveiled BOLUNG, Arunachal Pradesh: A statue of Assamese music icon Dr Bhupen Hazarika, who brought the Northeastern region to the rest of the country through his songs, was unveiled here in...
  • ‘Gully Boy’ to premiere at Berlin Film Festival BERLIN: Zoya Akhtar’s next directorial “Gully Boy” will have its world premiere at the 2019 Berlin Film Festival. The film, starring Ranveer Singh and Alia Bhatt in the lead roles,...
  • Tough times for desi comics, but it’s getting better NEW DELHI: While Batman, Superman, Deadpool and Hulk among other comic book heroes can be found pretty much at every stall at the Delhi Comic Con, but where the Indian...
  • Alia, Varun are kids’ favorites Alia Bhatt, Deepika Padukone, Sonakshi Sinha, Varun Dhawan, Kartik Aryan and Ishaan Khatter walked the orange carpet of the Nickelodeon Kids’ Choice Awards 2018. From the looks of it, it...
  • Need to respect art in public places: Puri NEW DELHI: Union Minister Hardeep Singh Puri has emphasized on the need to create an environment in the national capital where people respect and value public art. At the second...
  • Sanctuary Award for conservationist Imran Siddiqui NEW DELHI: Hyderabad-based conservationist Imran Siddiqui has been honored with this year’s Sanctuary Wildlife Service Award, Wildlife Conservation Society (WCS) has said. Siddiqui, who is an Assistant Director for Conservation...
  • Many Indians learning Korean language NEW DELHI: Popularity of Korean language in India seems to be growing with many youngsters learning it after being fascinated by K-pop, a popular genre of music of that country....

Trump admin makes H1-B visa approval tough; Indian firms to be hit

Trump admin makes H1-B visa approval tough; Indian firms to be hit
February 23
11:20 2018

WASHINGTON: The Trump administration has announced a new policy that makes very tough the procedure of issuing H-1B visas to those to be employed at one or more third-party worksites, a move that will hugely impact Indian IT companies and their employees.

Under the new policy, a company would have to go an extra mile to prove that its H-1B employee at a third-party worksite has specific and non-qualifying speculative assignments in specialty occupation.

The H-1B program offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers.

Indian IT companies, which are among the major beneficiaries of H-1B visas, has a significant number of its employees deployed at third-party worksites. A significant number of American banking, travel and commercial services depend on on-site IT workers from India to get their job done.

The new move announced yesterday through a seven-page policy empowers the US Citizenship and Immigration Services (USCIS) to issue H-1B visas to an employee only for the period for which he/she has work at a third-party worksite.

The latest policy memorandum is a part of President Donald Trump’s ‘Buy American and Hire American Executive Order’ and the directive to protect the interests of US workers, the USCIS said.

As such the issuing of H-1B visas could be of less than three years. This would reverse the tradition of issuing the H-1B visas for three years at a time.

Effective immediately, the new guidance comes weeks ahead of the beginning of the H-1B visas filing season, which is expected to be April 2, for the fiscal year 2019 beginning October 1, 2018.

The guidance says in order for an H-1B petition involving a third-party worksite to be approved, the petitioner must show by a preponderance of evidence that the beneficiary will be employed in a specialty occupation and the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

When H-1B beneficiaries are placed at third-party worksites, the companies must demonstrate that they have specific and non-speculative qualifying assignments in a specialty occupation for that beneficiary for the entire time requested on the petition.

While an H-1B petition may be approved for up to three years, the USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship, an official statement said.

Extensions of H-1B visas have become even tougher, in particular if the employee has been on a bench for any part of their previous duration.

Sometimes American companies abruptly end the contract of an employee as a result the workers temporarily do not have any work, which in IT parlance is called on bench.

During this period, while they maintain their H-1B visas status, official investigations have revealed that foreign IT workers on H-1B visas do not get paid, which the USCIS says is illegal and abuse of the system.

“If an H-1B petitioner is applying to extend H-1B employment for a beneficiary who was placed at one or more third-party worksites during the course of past employment with the same petitioner, that petitioner should also establish that the H-1B requirements have been met for the entire prior approval period,” the USCIS said.

And if these conditions are not met, and if the petitioner did not comply with the terms and conditions of the original petition and did not file an amended petition on time, USCIS may have eligibility concerns about a subsequent petition filed to extend the beneficiary’s employment, the policy memorandum said.

“Employment-based petitioners who circumvent the worker protections outlined in the nation s immigration laws not only injure US workers (eg their wages and job opportunities), but also the foreign workers for whom they are petitioning,” it said.

Companies seeking H-1B visas for their employees working at a third-party site, would now have an intensive paper work to file before submitting their applications.

This includes evidence of actual work assignments, which may include technical documentation, milestone tables, marketing analysis, cost-benefit analysis, brochures, and funding documents.

The letter should provide information, such as a detailed description of the specialized duties the beneficiary will perform, the qualifications required to perform those duties, the duration of the job, salary or wages paid, hours worked, benefits, a detailed description of who will supervise the beneficiary and the beneficiary s duties, and any other related evidence, the USCIS said. PTI

Comments

comments

Related Articles

ADVERTISEMENT

IMPORTANT

Please disable your ad blocker to view this site at it’s best, we do not display spam advertisements (Popups & full Page Ads) or any explicit material.
Advertisements serve as a minor source of income for maintaining the website.
Thanks

Submit Feedback – Website Department 

50 SPIRITUAL APPETIZERS – VINOD DHAWAN

50-ad-Indiapost

It’s a lovely book. It feels energetically clear and light. It’s easy to read, dip in and out and most importantly it offers information without fluff! Blessings on this project.

Jac O’Keeffe
Spirituality teacher based in USA.

*Available on Amazon, Flipkart & other online stores*

Follow us on twiter



Polls

Will PM Narendra Modi now show some humility?

View Results

Loading ... Loading ...


E-paper

POPULAR CATEGORIES

Subscribe To Our Mailing List

Enter your email address:

Delivered by FeedBurner

Subscribe to IndiaPost by Email

Facebook

Download Media Kit