Norms That You Must Consider Before Applying For An H1-B Visa

Norms That You Must Consider Before Applying For An H1-B Visa

The Labor force that was previously moving to the United States in huge number for employments over an H1-B visa is now facing various issues. Trump administration has introduced some new policies that will abate the number of H1-B visa holders in the United States by a great number. The new norms are also pushing India’s high inclined IT sector in a debacle. As per facts, 15% of the employees working in American IT firms are Indians. Most of these people have shifted to the United States on an H1-B visa. Before this year, an average of 6,500 H1-B visas were granted each year. These individuals would then serve in different industries in the United States as professionals. But now things are not that easy.

Here is the Checklist For An H1-B Visa

The ‘Buy American, Hire American’ Policy:

Trump administration has implemented a policy that forces employers to look for talent within the country instead of beyond borders. By April 2017 the primary processing of H1-B visas have almost halted.

Here are some other things about H1-B visas that have changed with the change of power in the United States:

  1. The minimum salary has been doubled to $130,000 for H1-B visa holders. This is both, a good news and bad. Although, it increases the overall salaries in the area but also discourage employers to have people on board on an H1-B visa. When the cost of local professional is less than one from abroad, the employers automatically switch their preferences.
  1. There is no more ‘per country cap’. Earlier, Indians enjoyed a high number of employments in the United States on an H1-B visa but now an equal distribution among several countries has been enforced.
  1. The employers need to give a fair statement as to why they are hiring a professional from across the oceans and not from the United States. They need to come up with facts that support the idea why ‘no American’ was suitable for this job.
  1. No computerized lottery system. After Americans, the preference is given to the foreign students who have graduated from the United States on a student visa instead of someone picked on a lottery system on an H1-B visa.
  1. An H1-B visa holder’s spouse cannot work in the United States anymore. This bounds most of the people with working spouse applying for an H1-B visa.
  1. The new norms prohibit any company with half of their employees on H1-B visas or L-1 visas from hiring any further foreigners.

Indians and Chinese are the biggest beneficiaries of H1-B visas. According to a report, in 2014, 70% of the H1-B visas for the year were allocated to Indians. Any changes in the laws and policies for the H1-B visas will directly impact Indian markets. According to reports, a total of 30% drop in visa allocations to Indians is expected in the following year.  Here are the requirements to qualify for an H1-B Visa.

H-1B Executive Order Issued by Trump Administration

H-1B Executive Order Issued by Trump Administration

The H-1B Executive Order that Trump had been promising for months finally arrived on April 18, 2017.  President Trump signed the H-1B Executive Order at a Snap-on Tools factory in Wisconsin.  Dubbed the “Buy American and Hire American” executive order, most of what it provides is up to debate.

The executive order really lacks specifics and places all the burden on defining what changes will come to H-1B visa policy on other branches of the executive, like Homeland Security, Department of Justice, State Department, and the Department of labor.

The executive order does not really address H-1B visa holders very much, it provides:

Sec. 5.  Ensuring the Integrity of the Immigration System in Order to “Hire American.”  (a)  In order to advance the policy outlined in section 2(b) of this order, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse.

(b)  In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.

The H-1B Executive Order only mentions H-1B visas three times.

The first time H-1B visas are specifically mentioned is in the definition section to link them to the defined term “petition beneficiaries.”  The next two times are from the section above.  Basically, all the executive order does is tell other executive branches of government to “suggest reforms” so that H-1B visas go to the best, brightest, and highest paid visa holders.

We at Work Visas Solutions believe the forthcoming regulations will reflect an “America First” H-1B whereby the visas are given to people educated in the United States and to the highest paid applicants.

Start H-1B Application Now