H- 1B visa referred as a temporary or non-immigrant “specialty occupation” US visa, which means the holder is employed with the required skills and knowledge to hold thedesignated position.
The United states Citizenship and Immigration services sets a limit on the number of H1B visas to be issued per year. Historically the number was fixed to 65,000 however it can be changed as per the United States government regulations. 20,000 additional visas are issued for people who have qualified masters degree from USA, this quota is separate from the above mentioned 65000 quota.
WORKING OF H1-B VISA PRIOR TO 2018
H- 1B visa was launched by US government in 1990 to help the employers in finding suitable and specialized labor. Individual who fulfilled the requirements could come to US and contribute their skills in the employment sector. The visa helped the American employers to recruit the talent from worldwide and secondly it gave the opportunity to the talented individuals to outgrow themselves and work across their nation and contribute to world development.
REQUIREMENTS FOR H- 1B VISA
1. Position that suits H- 1B visa typically need a university degree or work
experience of equivalent mean. Designation of work shall match the levels of
2. Validity of the visa is for three years with the possibility of extension up to three
3. For H- 1B visa sponsorship by a valid company is necessary, therefore the
applicant must have offer of work, education or internship prior to sending an
application for the visa.
DOCTRINE OF DUAL INTENT
This doctrine puts H- 1B holders and certain other immigrants into a special category, certain category of immigrants who are highly educated and professional, dual intent gives them an opportunity to work in United States as well as an attempt to apply for green card ( lawful permanent residence of United States).
CHANGES TO THE US IMMIGRATION SYSTEM
2018: American Government protecting Interests or hopefully hurting immigrants? US gateway: Now an unattainable goal for the America aspirers? Many questions arose nationwide when United States president Donald Trump’s administration revamped the immigration process and declared number of changes in H- 1B visa. After these amendments the applications for H- 1B visa drowned from 2,36,000 to around 1, 99,000 from the year 2017 to 2018. President Donald Trump signed the “Buy American, Hire American” executive order, which targets higher wage rate and employment opportunities for United States workers. Undoubtedly this move has affected adversely on Indian IT sector. Various measure were taken for implementing the same by US government which are
MARCH 2017: The USCIS, for specialty occupation increased the qualifying criteria. APRIL 2017: Buy American, Hire American was imposed. JUNE 2017: Former president Barack Obama ensured that 80% of non immigrants visa applicants are interviewed within three weeks of application, this was wiped out by Trump’s administration.
AUGUST 2017: Visa application was made tougher with the amended changes to Labor
Condition application. Labor condition application is a form that is required from an
employer, which requires the approval of US department of labor to file H- 1B petition.
DECEMBER 2017: The DHS and USCIS wiped the STEM OPT program which allowed
foreign students to hold back and stay in United States for longer after finishing their
FEBRUARY 2018: The administrative burdens and the associated costs rose. Request for
evidence (REE) got more complicated wherein the applicants document is not enough for
the evidence and more is demanded with various complications.
MARCH 2018: Temporary halts was put on the applications
This process went on being complicated month after month until in January 2019 Mr.Donald Trump tweeted “H1-B holders in the United States can rest assured that changes are soon coming which will bring both simplicity and certainty to your stay, including a
potential path to citizenship, we want to encourage talented and highly skilled people to pursue career options in the U.S.” From rapid changes to a ray of hope the most sought after visa still seems like a dream for the non immigrant .
HUGE IMPACT ON INDIAN IT SECTOR Indian IT sector is amongst the biggest beneficiaries of H- 1B visa. Indian companies who
offer subcontract and send a huge number of employees of low cost to work on client
sites in US.
JUNE 2020 ( Ban on the H- 1B visa )
Trump’s administration of blocking the way of Indian nationals is an indication towardsdestroying the economic cooperation which is an important tie between two countries. This backdrop is justified by Mr. president stating that this is the way to save country from
global pandemic (covid-19) by creating an immigration system that protects job of our
citizens.Google CEO Sundar Pichai wasted little time “Immigration has contributed immensely to America’s economic success, making it a global leader in tech, and also Google the company it is today. Disappointed by today’s proclamation – we’ll continue to stand with immigrants and work to expand opportunity for all.” However the political motive of United State’s government cannot be ignored, in candidates with open arms therefore this hault is not merely a protection of citizens of United States but larger aspect is to preserve economy!