Major Changes To H1-B Visa Rules Underway: Trump Administration

As a part of the Unified Fall Agenda, Trump administration said that it is coming out with a new proposal to revise the definition of ‘specialty occupations’ under H1-B visas as well as the definition of ’employment’ under this foreign work visa category.

The U.S. Citizenship and Immigration Services have planned to release its new proposal by January.

This move of Trump administration will have a detrimental effect on small and medium-sized contractual companies in the IT sector, which are mostly owned by Indian Americans living abroad. It will “propose to revise the definition of specialty occupation” to increase focus on obtaining the best and the brightest foreign nationals via the H1-B programme. In addition to this, the department will propose additional requirements designed to ensure employers pay appropriate wages to H1-B visa holders. It is aiming to remove from its regulations certain H-4 spouses of H1-B non-immigrants as a class of aliens eligible for employment authorization.

The department is also finalizing the petitions filed on behalf of alien workers subject to the annual numerical limitations applicable to the H1-B non-immigrant classification. This rule precludes an individual from filing duplicate petitions on behalf of the same alien temporary worker. This rule also makes accommodations for petitioners to create a more efficient filing process for H1-B petitions subject to the annual numerical limitation.


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