A bipartisan group of lawmakers have for the first time introduced a legislation in both the chambers of the US Congress proposing major reforms in the H-1B work visas by giving priority to the best and brightest US-educated foreign youth, a move that could benefit Indian students already in the country.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Also read:<a href="https://www.wionews.com/world/trump-administration-working-to-temporarily-ban-work-based-visas-like-h-1b-report-297634">Trump administration working to temporarily ban work-based visas, like H-1B: Report</a>

On April 1, the US Citizenship and Immigration Services (USCIS) said that the US received nearly 275,000 unique registration requests for the Congressional mandated 85,000 H-1B visas for foreign technology professionals, of which more than 67 per cent are from India.

As far as the students are concerned, India accounts for the second largest number of foreign students in the US after China. There are more than 200,000 Indian students in the US.

The H-1B and L-1 Visa Reform Act, as introduced in the House of Representatives and the Senate, will require US Citizenship and Immigration Services to prioritize for the first time the annual allocation of H-1B visas.

Also read: <a href="https://www.wionews.com/world/2-lakh-indians-stuck-in-united-states-after-trump-announces-h1-b-visa-curbs-295665">2 lakh Indians stuck in United States after Trump announces H1-B visa curbs</a>

The new system would ensure that the best and brightest students being educated in the US receive preference for an H-1B visa, including advanced degree holders, those being paid a high wage, and those with valuable skills, proponents of this major legislative reforms said on Friday.

In the Senate, it was introduced by Senators Chuck Grassley and Dick Durbin. In the House of Representatives, it was introduced by Congressmen Bill Pascrell, Paul Gosar, Ro Khanna, Frank Pallone and Lance Gooden.

The legislation reinstates Congress' original intent in the H-1B and L-1 visa programmes by increasing enforcement, modifying wage requirements and securing protection for both American workers and visa holders, the lawmakers said.

The legislation, among other things, explicitly prohibits the replacement of American workers by H-1B or L-1 visa holders, clarifying that working conditions of similarly employed American workers may not be adversely affected by the hiring of an H-1B worker, including H-1B workers who have been placed by another employer at the American worker's worksite.

These provisions address the types of abuses that have been well-documented.

Importantly, the legislation proposes increased crackdown on outsourcing companies that import large numbers of H-1B and L-1 workers for temporary training purposes only to send the workers back to their home countries to do the same job.

Specifically, the bill would prohibit companies with more than 50 employees, of which at least half are H-1B or L-1 holders, from hiring additional H-1B employees.

The bill gives the US Department of Labor enhanced authority to review, investigate, and audit employer compliance with programme requirements, as well as to penalise fraudulent or abusive conduct. It requires the production of extensive statistical data about the H-1B and L-1 programs, including wage data, worker education levels, place of employment, and gender.

In addition, the H-1B and L-1 Visa Reform Act encompasses several reforms of the L-1 visa programme, including establishment of a wage floor for L-1 workers; authority for the US Department of Homeland Security to investigate, audit, and enforce compliance with L-1 program requirements; assurance that intra-company transfers occur between legitimate branches of a company and don't involve, shell,&nbsp;facilities; and a change to the definition of&nbsp;specialized knowledge,&nbsp;to ensure that L-1 visas are reserved only for truly key personnel.

Asserting that Congress created these programmes to complement America's high-skilled workforce, not replace it, Grassley said that unfortunately, some companies are trying to exploit the programmes by cutting American workers for cheaper labour.

We need programmes dedicated to putting American workers first. When skilled foreign workers are needed to meet the demands of our labour market, we must also ensure that visa applicants who honed their skills at American colleges and universities are a priority over the importation of more foreign workers. Our bill takes steps to ensure that the programmes work for Americans and skilled foreign workers alike,&nbsp;he said.

Reforming the H-1B and L-1 visa programmes is a critical component of fixing the broken immigration system. For years, outsourcing companies have used loopholes in the laws to displace qualified American workers and facilitate the outsourcing of American jobs, Durbin said.

This legislation would end these abuses and protect American and foreign workers from exploitation, Durbin said. 
Indian American Congressman Ro Khanna said that American immigrants come to this country with some of the most innovative, transformative ideas this world has ever seen.

"If we're going to continue to foster a culture of creativity, we must reform the H-1 and L-1 visa programmes to protect all workers from abuses. Immigrants coming here on H-1B visas have made important contributions to Silicon Valley's leadership in the digital revolution. We want to make sure that talent is coming to the US, but we also want to make sure that it's being done with proper compensation,&nbsp;Khanna said. 
Congressman Pallone said that the US must ensure that qualified American workers have access to job opportunities in this country.&nbsp;

A bipartisan group of lawmakers have for the first time introduced a legislation in both the chambers of the US Congress proposing major reforms in the H-1B work visas by giving priority to the best and brightest US-educated foreign youth, a move that could benefit Indian students already in the country.

A bipartisan group of lawmakers have for the first time introduced a legislation in both the chambers of the US Congress proposing major reforms in the H-1B work visas by giving priority to the best and brightest US-educated foreign youth, a move that could benefit Indian students already in the country. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Companies depend on it to hire tens of thousands of employees each year from countries like India and China. Also read:Trump administration working to temporarily ban work-based visas, like H-1B: Report On April 1, the US Citizenship and Immigration Services (USCIS) said that the US received nearly 275,000 unique registration requests for the Congressional mandated 85,000 H-1B visas for foreign technology professionals, of which more than 67 per cent are from India. As far as the students are concerned, India accounts for the second largest number of foreign students in the US after China. There are more than 200,000 Indian students in the US. The H-1B and L-1 Visa Reform Act, as introduced in the House of Representatives and the Senate, will require US Citizenship and Immigration Services to prioritize for the first time the annual allocation of H-1B visas. Also read: 2 lakh Indians stuck in United States after Trump announces H1-B visa curbs The new system would ensure that the best and brightest students being educated in the US receive preference for an H-1B visa, including advanced degree holders, those being paid a high wage, and those with valuable skills, proponents of this major legislative reforms said on Friday. In the Senate, it was introduced by Senators Chuck Grassley and Dick Durbin. In the House of Representatives, it was introduced by Congressmen Bill Pascrell, Paul Gosar, Ro Khanna, Frank Pallone and Lance Gooden. The legislation reinstates Congress' original intent in the H-1B and L-1 visa programmes by increasing enforcement, modifying wage requirements and securing protection for both American workers and visa holders, the lawmakers said. The legislation, among other things, explicitly prohibits the replacement of American workers by H-1B or L-1 visa holders, clarifying that working conditions of similarly employed American workers may not be adversely affected by the hiring of an H-1B worker, including H-1B workers who have been placed by another employer at the American worker's worksite. These provisions address the types of abuses that have been well-documented. Importantly, the legislation proposes increased crackdown on outsourcing companies that import large numbers of H-1B and L-1 workers for temporary training purposes only to send the workers back to their home countries to do the same job. Specifically, the bill would prohibit companies with more than 50 employees, of which at least half are H-1B or L-1 holders, from hiring additional H-1B employees. The bill gives the US Department of Labor enhanced authority to review, investigate, and audit employer compliance with programme requirements, as well as to penalise fraudulent or abusive conduct. It requires the production of extensive statistical data about the H-1B and L-1 programs, including wage data, worker education levels, place of employment, and gender. In addition, the H-1B and L-1 Visa Reform Act encompasses several reforms of the L-1 visa programme, including establishment of a wage floor for L-1 workers; authority for the US Department of Homeland Security to investigate, audit, and enforce compliance with L-1 program requirements; assurance that intra-company transfers occur between legitimate branches of a company and don't involve, shell, facilities; and a change to the definition of specialized knowledge, to ensure that L-1 visas are reserved only for truly key personnel. Asserting that Congress created these programmes to complement America's high-skilled workforce, not replace it, Grassley said that unfortunately, some companies are trying to exploit the programmes by cutting American workers for cheaper labour. We need programmes dedicated to putting American workers first. When skilled foreign workers are needed to meet the demands of our labour market, we must also ensure that visa applicants who honed their skills at American colleges and universities are a priority over the importation of more foreign workers. Our bill takes steps to ensure that the programmes work for Americans and skilled foreign workers alike, he said. Reforming the H-1B and L-1 visa programmes is a critical component of fixing the broken immigration system. For years, outsourcing companies have used loopholes in the laws to displace qualified American workers and facilitate the outsourcing of American jobs, Durbin said. This legislation would end these abuses and protect American and foreign workers from exploitation, Durbin said. Indian American Congressman Ro Khanna said that American immigrants come to this country with some of the most innovative, transformative ideas this world has ever seen. "If we're going to continue to foster a culture of creativity, we must reform the H-1 and L-1 visa programmes to protect all workers from abuses. Immigrants coming here on H-1B visas have made important contributions to Silicon Valley's leadership in the digital revolution. We want to make sure that talent is coming to the US, but we also want to make sure that it's being done with proper compensation, Khanna said. Congressman Pallone said that the US must ensure that qualified American workers have access to job opportunities in this country.

Lawmakers introduce H-1B legislation in Congress to give priority to US-educated foreign youth

Some weeks ago, it was dismaying to hear the story of a young man from South India, who experienced first hand the sorrow that “Buy American Hire American” is causing in Trump’s not so united - United States of America.&nbsp;

After finishing his engineering in this country, he secured admission to a well-known business school in Texas, finished his MBA and got a job in a good oil company. His H-1B visa came through, his job was secure and he came back to India to get married and returned to the US to pursue the great American dream.&nbsp;

And then his luck turned. He got a query from the authorities that his qualification was not unique enough for him to be hired over a local American and in spite of supporting documents from his employers, his visa was overturned and he was asked to return to India.

This happened a year ago and in the ensuing 12 months, the visa situation has turned gloomier with every passing month. Readers would recall that in November the Trump Administration announced an amendment to the Labor Condition Application (LCA) that requires prospective employers of people entering the US on H-1B visas to disclose all intended places of employment, including any proposed short-term assignments and a large amount of information on the company status.

These comprised identification of secondary entities and locations and the number of H-1B visa workers currently employed in the firm and at third-party work sites of the firm.&nbsp;

There has also been an introduction of legislation by two US lawmakers that seeks to revoke the work authorisation given by the Obama Administration to spouses of H-1B visa holders, making it difficult for career-minded spouses to stay in the US, causing rifts in families seeking to settle in the US.

Amidst these dark clouds over the prospects of tens of thousands of Indian tech aspirants, a sudden ray of hope has come through in the form of a surprising proposal of a merit-based method of awarding visas in future.&nbsp;

Companies are required to register their manpower demand petitions in advance and while the numerical limit of H1-Bs in a year would continue to be capped at 65,000, the first 20,000 petitions filed on behalf of applicants with a US Masters’ degree or higher qualification would be considered after that and exempt from the cap.

The significant benefit of the proposed changes by the Department of Homeland Security are that the selection order would count all normal petitions as needed till the cap is reached and then separately consider registrations or petitions for the advanced degree exemption.&nbsp;

The implication of this is that while advanced degree holders will have a very high chance of qualifying, it would not limit the selection of people under the normal petition scheme.&nbsp;

This may result in an overall increase of persons admitted with advanced degrees and also reduce overall costs for petitioners and improve process efficiency for the immigration agencies, all excellent developments for the growing IT companies and the industry as a whole.

What do all these policy flip-flops and frequent announcements on the visa process imply for the prospects of four million people who are already work in the Indian tech sector and the ten million and more youngsters in engineering and other degree programmes around the country, who have shunned manufacturing and other services jobs in the past couple of decades in favour of the granite and glass, air-conditioned environments and global opportunities available in the IT and IT-enabled services industry.&nbsp;

One is sorry to sound cautious and maybe even alarmist but neither the US nor Europe is ever going to provide an easy passage to mediocre candidates who want to run away from the intensely competitive environment that prevails in academics and jobs in our country and seek easier job options in greener pastures.&nbsp;

The new visa regime will certainly make it easier for exceptional candidates who study in America’s best graduate schools to work and stay there. We have seen in our own family that kids going through Stanford, Yale and Harvard have been welcomed with open arms through the visa, green card and citizenship process in the US.&nbsp;

But for every dozen of these bright sparks, there are hundreds who spend hard earned family money on average engineering colleges in India and mediocre tech and business programmes in the US only to meet closed visa doors at the end.&nbsp;

These are the folks who need to think twice before they throw large rupee chunks towards the chase for dollars.

A word of advice after this note of caution. For many young folks who have not been able to make it to the best institutions in India for their graduate degree, if the money is there it may be best to do a short course in the US and use that as a stepping stone to get into an excellent institution for formal graduate school qualifications.&nbsp;

And that is only if the American dream is still irresistible! Many of us who have built successful careers in India and still travelled all over the world, may inspire you to just work in India and succeed as well! Choose wisely and be happy.

 
(This article was originally published on The DNA. Read the <a href="https://www.dnaindia.com/analysis/column-good-news-for-indian-techies-light-at-the-end-of-the-tunnel-2707574">original article</a>)

(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)

Some weeks ago, it was dismaying to hear the story of a young man from South India, who experienced first hand the sorrow that “Buy American Hire American” is causing in Trump’s not so united - United States of America.

Some weeks ago, it was dismaying to hear the story of a young man from South India, who experienced first hand the sorrow that “Buy American Hire American” is causing in Trump’s not so united - United States of America. After finishing his engineering in this country, he secured admission to a well-known business school in Texas, finished his MBA and got a job in a good oil company. His H-1B visa came through, his job was secure and he came back to India to get married and returned to the US to pursue the great American dream. And then his luck turned. He got a query from the authorities that his qualification was not unique enough for him to be hired over a local American and in spite of supporting documents from his employers, his visa was overturned and he was asked to return to India. This happened a year ago and in the ensuing 12 months, the visa situation has turned gloomier with every passing month. Readers would recall that in November the Trump Administration announced an amendment to the Labor Condition Application (LCA) that requires prospective employers of people entering the US on H-1B visas to disclose all intended places of employment, including any proposed short-term assignments and a large amount of information on the company status. These comprised identification of secondary entities and locations and the number of H-1B visa workers currently employed in the firm and at third-party work sites of the firm. There has also been an introduction of legislation by two US lawmakers that seeks to revoke the work authorisation given by the Obama Administration to spouses of H-1B visa holders, making it difficult for career-minded spouses to stay in the US, causing rifts in families seeking to settle in the US. Amidst these dark clouds over the prospects of tens of thousands of Indian tech aspirants, a sudden ray of hope has come through in the form of a surprising proposal of a merit-based method of awarding visas in future. Companies are required to register their manpower demand petitions in advance and while the numerical limit of H1-Bs in a year would continue to be capped at 65,000, the first 20,000 petitions filed on behalf of applicants with a US Masters’ degree or higher qualification would be considered after that and exempt from the cap. The significant benefit of the proposed changes by the Department of Homeland Security are that the selection order would count all normal petitions as needed till the cap is reached and then separately consider registrations or petitions for the advanced degree exemption. The implication of this is that while advanced degree holders will have a very high chance of qualifying, it would not limit the selection of people under the normal petition scheme. This may result in an overall increase of persons admitted with advanced degrees and also reduce overall costs for petitioners and improve process efficiency for the immigration agencies, all excellent developments for the growing IT companies and the industry as a whole. What do all these policy flip-flops and frequent announcements on the visa process imply for the prospects of four million people who are already work in the Indian tech sector and the ten million and more youngsters in engineering and other degree programmes around the country, who have shunned manufacturing and other services jobs in the past couple of decades in favour of the granite and glass, air-conditioned environments and global opportunities available in the IT and IT-enabled services industry. One is sorry to sound cautious and maybe even alarmist but neither the US nor Europe is ever going to provide an easy passage to mediocre candidates who want to run away from the intensely competitive environment that prevails in academics and jobs in our country and seek easier job options in greener pastures. The new visa regime will certainly make it easier for exceptional candidates who study in America’s best graduate schools to work and stay there. We have seen in our own family that kids going through Stanford, Yale and Harvard have been welcomed with open arms through the visa, green card and citizenship process in the US. But for every dozen of these bright sparks, there are hundreds who spend hard earned family money on average engineering colleges in India and mediocre tech and business programmes in the US only to meet closed visa doors at the end. These are the folks who need to think twice before they throw large rupee chunks towards the chase for dollars. A word of advice after this note of caution. For many young folks who have not been able to make it to the best institutions in India for their graduate degree, if the money is there it may be best to do a short course in the US and use that as a stepping stone to get into an excellent institution for formal graduate school qualifications. And that is only if the American dream is still irresistible! Many of us who have built successful careers in India and still travelled all over the world, may inspire you to just work in India and succeed as well! Choose wisely and be happy. (This article was originally published on The DNA. Read the original article) (Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)

Good news for Indian techies: Light at the end of the tunnel

There have been "no big changes" in the H-1B programme and "nothing new" on the H-4 visa policy, the US said on Wednesday, amid the Trump administration's plan to overhaul the immigration system.

US Deputy Chief of Mission (DCM) in Delhi, MaryKay L Carlson said granting employment visa and work permits are the sovereign decision of a country.&nbsp

The US Mission here today observed 'Student Visa Day', an event to celebrate higher education ties between India and the United States.

"There have been no big changes in the H-1B programme and nothing new on H-4...," Carlson told reporters here.

Certainly, employment visa and work permits for Indians is the sovereign decision of the US, the official said.

The Trump administration's move to end the Obama-era rule could have an impact on more than 70,000 H-4 visas holders, who have work permits.

H-4 is issued to the spouse of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India.&nbsp

External Affairs Minister Sushma Swaraj had last month said the government would make all efforts to persuade the Trump administration against such a move.

In her annual press conference on May 28, the minister had said it was true that President Donald Trump was reviewing the H-4 visa programme and there were reports of its possible revocation.

On the occasion of 'Student Visa Day', the Mission also dedicated the day to student visa applicants who have enrolled for higher studies in different US universities.

The US Embassy in New Delhi and the consulate general of Chennai, Hyderabad, Kolkata and Mumbai, welcomed over 4,000 Indian students, who applied for visas to study in the United States.

In 2017, more than 1,86,000 Indian students were enrolled in US institutions for higher education, more than double the number from a decade ago and a 12 per cent increase from the year before.

India is the second leading place of origin for students coming to the US, with Indians comprising over 17 per cent of the total international students in the United States, according to the US.

Consular staff members wore shirts and hats from their alma maters.

Some consulates invited guest alumni speakers, while others had a video or "selfie" station.

Representatives from partners, including EducationUSA, the American Library, and recent US graduates were present at the event to give their insights and answer queries from students about studying in the United States.

US Deputy Chief of Mission (DCM) in Delhi, MaryKay L Carlson said granting employment visa and work permits are the sovereign decision of a country.

There have been "no big changes" in the H-1B programme and "nothing new" on the H-4 visa policy, the US said on Wednesday, amid the Trump administration's plan to overhaul the immigration system. US Deputy Chief of Mission (DCM) in Delhi, MaryKay L Carlson said granting employment visa and work permits are the sovereign decision of a country. The US Mission here today observed 'Student Visa Day', an event to celebrate higher education ties between India and the United States. "There have been no big changes in the H-1B programme and nothing new on H-4...," Carlson told reporters here. Certainly, employment visa and work permits for Indians is the sovereign decision of the US, the official said. The Trump administration's move to end the Obama-era rule could have an impact on more than 70,000 H-4 visas holders, who have work permits. H-4 is issued to the spouse of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India. External Affairs Minister Sushma Swaraj had last month said the government would make all efforts to persuade the Trump administration against such a move. In her annual press conference on May 28, the minister had said it was true that President Donald Trump was reviewing the H-4 visa programme and there were reports of its possible revocation. On the occasion of 'Student Visa Day', the Mission also dedicated the day to student visa applicants who have enrolled for higher studies in different US universities. The US Embassy in New Delhi and the consulate general of Chennai, Hyderabad, Kolkata and Mumbai, welcomed over 4,000 Indian students, who applied for visas to study in the United States. In 2017, more than 1,86,000 Indian students were enrolled in US institutions for higher education, more than double the number from a decade ago and a 12 per cent increase from the year before. India is the second leading place of origin for students coming to the US, with Indians comprising over 17 per cent of the total international students in the United States, according to the US. Consular staff members wore shirts and hats from their alma maters. Some consulates invited guest alumni speakers, while others had a video or "selfie" station. Representatives from partners, including EducationUSA, the American Library, and recent US graduates were present at the event to give their insights and answer queries from students about studying in the United States.

'No big changes' in H-1B visa: US Deputy Chief of Mission Carlson

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Lawmakers introduce H-1B legislation in Congress to give priority to US-educated foreign youth

Good news for Indian techies: Light at the end of the tunnel

'No big changes' in H-1B visa: US Deputy Chief of Mission Carlson