US Plans More H-1B Visa Restrictions That Could Impact University, Healthcare Sectors
The Department of Homeland Security has proposed a rule change in its regulatory agenda to modify the H-1B visa category.
The US is planning to impose additional immigration restrictions on how employers can use the H-1B visa permit and who qualifies for it, widening its efforts to stem the inflow of foreign workers.
The Department of Homeland Security has proposed a rule change in its regulatory agenda to modify the H-1B visa category.
The proposals, formally listed in the Federal Register under the title of 'Reforming the H-1B Nonimmigrant Visa Classification Program', include several technical aspects, like "revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated programme requirements, and increasing oversight over third-party placements, among other provisions", as per an NDTV report.
Last month, the Trump administration imposed a $100,000 mandatory fee on new H-1B visa applications, mostly sought by Indian workers in the IT services and consulting sector.
It is not clear if the US government plans to potentially narrow which employers and positions are exempted from the annual cap. But if the exemption caps are tweaked, the move could affect non-profit research organisations, universities, and healthcare institutions that currently benefit from exemptions, as per local media reports.
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"These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect US workers' wages and working conditions," the DHS proposal said. The changes are expected to impact thousands of Indian students and young professionals hoping to work in the US.
According to the regulatory notice, new rules can be issued as early as December.
Earlier reports said that the Trump administration was considering replacing the traditional H-1B visa lottery with a wage-based selection system.
Research indicates that H-1B visa holders are often paid the same or higher salaries than American employees with comparable levels of education and experience. US law mandates that, in addition to government fees (often over $6,000), employers must pay the higher of the actual or prevailing wage paid to American professionals with similar experience and qualifications.
