US visa changes may hit Indians
The Trump administration is preparing a new set of immigration rules that could tighten the H-1B visa programme, increase costs for employers sponsoring foreign workers
The Trump administration is preparing a new set of immigration rules that could tighten the H-1B visa programme, increase costs for employers sponsoring foreign workers, change visa rules for international students and end automatic extensions for certain work permits. According to a report by Lubna Kably in Times of India, if implemented, the proposals are expected to affect Indian professionals, students and H-4 visa holders, according to the latest regulatory agendas of the US Departments of Homeland Security (DHS), Labour (DOL) and State (DOS).The regulatory agenda outlines the administration's planned immigration priorities over the coming months. Some measures are expected to be issued as final rules, while others will first be released as proposals for public consultation before they take effect.Also read: US plans changes to employment-based green card certification processHigher H-1B costs for employersOne of the first changes, expected this month, will increase costs for employers that rely heavily on H-1B and L-1 workers.At present, companies with more than 50 employees in the US, where over half of the workforce holds H-1B or L-1 visas, pay an additional $4,000 fee for eligible H-1B petitions and $4,500 for L-1 petitions only when sponsoring a worker for an initial stay or after a change of employer.Under the proposed rule, these additional fees would also apply to extension petitions, increasing costs for employers, particularly large technology companies.H-1B rules may become stricterAnother proposal, expected in August, aims to tighten the H-1B programme, especially for employers placing workers at third-party client locations, a model commonly used by Indian IT and consulting firms, as reported by Lubna in TOI report.Although the draft rule has not yet been released, employers may be required to prove a genuine employer-employee relationship, show that workers are performing specialty occupation duties at client sites and maintain more detailed records of assignments.
Companies with a history of H-1B violations could also face greater scrutiny.Also read: New US visa rule could change how long international students can stay in the countryAs this is a proposed rule, it will go through a public consultation process before any final decision is made.Higher wage requirements, changes to green card processThe Department of Labour is also working on a proposal to raise prevailing wage levels for H-1B and employment-based green card applications.If implemented, the higher wage requirements would increase the minimum salary threshold for entry-level positions, making it more expensive for employers to sponsor foreign professionals.The department also plans to update the PERM labour certification process, which is the first stage of employer- green card applications. The proposal would revise recruitment standards, tighten rules related to layoffs of US workers and strengthen compliance with anti-discrimination requirements.Student visa rules may changeThe regulatory agenda also includes changes affecting international students.DHS is expected to issue a final rule this month that would replace the current "duration of status" system with fixed-period student visas.
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