H1B visa holders in trouble

The foreigners having H1B visa in US, are in trouble.Upcoming months are not going to be a good time for them, especially more than 5 lakh Indians may be effected under the New US immigration rules. Immigration has made very difficult. H1B visa is given by the US government to foreigners who can live and work with their families in America. 63 to 75% of all such visas are issued to Indians but president Trump taped into the anger against immigrants taking away jobs from American. He has said that the jobs are for Americans, not immigrants.

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Donald Trump administration has tightened the rules for granting H1B  visas, a move that has immensely impacted Indian IT companies and their employees. Now h1b news has become a regular keyword in India and USA. Immigrants and their families want to know every thing about new H-1B visa rules.
US Citizenship and Immigration Services (USCIS) director L Francis Cissna has said it would be really good if there was a law to prevent American jobs from going to H-1B visa holders,The US official made these comments at an event called ‘Immigration Newsmaker’ in Washington, DC, on August 15 by the Center for Immigration Studies (CIS).
“I would really love it if Congress would pass a provision prohibiting American workers being replaced by H1B workers. I could draft it myself, probably right now, you know?” Cissna said during the event.
The report cited USCIS data which suggests that for the fiscal year 2017, a total 3.65 lakh applicants granted H-1B visas of which 75.6 percent were born in India. Cissna further emphasised that immigration reform should be directed towards ensuring the most qualified people, who the US needs, should get the visas, the report mentioned.
“A simple fix, for example, just banning the ability of employers to fire American workers and replace them with H-1Bs,” he added.
It is worth noting that the Donald Trump administration has tightened the rules for granting H1B visas, a move that has immensely impacted Indian IT companies and their employees.
According to h1b visa holders, earlier, When Foreigners apply for H1b visa with not sufficient documents, immigration officer were given them chance and asked to bring supporting documents on next visit. Visa staff and immigration policy provide them second Chance.
H1B Indians already living and working in America also faced problems due to strict background check leading to processing delay. If your H1B is going to expire and extension is required, then there will be big trouble for you. If we go a few years back, it was quite easy to do.
H1B visa holders could submit your papers and continue to work, even after your initial visit period expired. But if you did that now and your application got rejected once, you will received a notice stating that you are required to appear before an immigration Judge regarding your h1b visa. Failure to appear will result in deportation and a five-year ban on re-entry to the USA.

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After the change in immigration rules, H1b holders’ spouses are not allowed to work in USA now. This has affected 70000 Indian families who hold over 90% of all H4 visas. The sum total of this new tough immigration policy is that IT professional are going back to India.
As a result, two to three times jump in job applications is seen. On other hand, some h1b Indians are becoming citizens of Canada, taking advantage of NAFTA or the North American free trade agreement that allows free flow of professionals in the region.
Many American companies are setting up offices across the border in Silicon Vancouver so that their Tech operations can continue uninterrupted.This is resulting in a brain drain from the US which will affect their long-term dominance in technology.
The 15000 strong American immigration lawyers Association AILA has filed a lawsuit against the US government. According to them, they have received 85000 objections on h1b visa which is 45% increase over last year. Then there is the change of law affecting one and half million international students in the US under F1 visa, 30% of them are Indians. Under OPT, foreign graduate students can not now work from their employer’s clients offices, a common practice in Tech and consulting. Companies funded by US money could set up their business from America under the IER, that too has been cancelled. The US-based National venture capital association and several Indian Entrepreneurs have moved the court against department of Homeland security(DHS). Trump is appears to be cutting the very branch is sitting on.
While Canada appears to be the biggest gainer from such acts. Canada welcomes the refugees (H1b Visa holders), who have been rejected from the US. India seems to be on the receiving end of many of trump’s policy changes. India must use some of this returning talent, the reverse Brain drain to its advantage .

Be connect with our site Visa “Guide” to know every development and h1b news.  Some more changes are expected in this regard. You may also read our hot article on EAD Card.

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