Tweaked H-1B visa rules may deport thousands of Indian workers

In sync with the "Buy American, Hire American" vision, the Trump administration is deliberating on a proposal which may result in large scale deportation of Indians from the US. The proposal which is being shared as a memo in the Department of Homeland Security (DHS), can potentially stop+ foreign workers from keeping their H-1B visas while their green card applications are pending.
The move would mean that thousands of Indian employees in the US, a huge chunk of which works in the IT sector, will not get their H-1B visas extended as their applications for Green Card- which grants permanent residency- stay pending. The existing rules allow the administration to extend the H-1B visas beyond the allowed two three-year terms if a green card is due for approval.

Software industry body Nasscom has reportedly flagged its concerns+ around visa- related issues in the US with the senators, congressmen and the administration, and will engage further in a dialogue over the next few weeks over the proposed legislation.

The move came as a reaction to a proposed US bill 'Protect and Grow American Jobs'. The bill proposes new restrictions to prevent abuse and misuse of H-1B visas. It tightens the definition of visa- dependent companies, and imposes fresh restrictions in terms of minimum salary and movement of talent. Apart from prescribing higher minimum wages, the Bill places the onus on clients that they will certify that the visa holder is not displacing an existing employee for a tenure of 5-6 years.

The US grants 85,000 non-immigrant H-1B visas every year - 65,000 to foreigners hired abroad and 20,000 to foreigners enrolled in advanced degree courses in US schools and colleges. An estimated 70 per cent of these visas go to Indians - hired mostly by IT companies.

Source: Times of India