Big Blow to Indians! US Proposes NOT to Issue Business Visa For H-1B Speciality Occupations

As a big blow that will affect hundreds of Indians in the US, the State Department has proposed not to issue temporary business visas for H-1B speciality occupations.

This visa has allowed companies to send their technology professionals for a short stay to complete jobs on site in the US. 

According to NDTV reports, the State Department has made a proposal, if finalised, they will eliminate any misconception that the "B-1 in lieu of H policy" provides an alternative avenue for foreign professionals to enter the US for skilled labour.

This big move was made public ahead of the November 3 presidential election, and is likely to affect several Indian companies which send their technology professionals on B-1 visas for a short stay to complete jobs on site in the US.

Earlier in December 2019, the Attorney General of California announced a $800,000 settlement against Infosys Ltd to resolve allegations that approximately 500 Infosys employees worked in the state on company-sponsored B-1 visas rather than H-1B visas, the State Department added.

"The proposed changes and the resulting transparency would reduce the impact of foreign labour on the US workforce of aliens performing activities in a speciality occupation without the procedural protections attendant to the H-1B classification," the State Department noted.

Meanwhile, further in its notification the State Department stated that US architecture firms seeking protection from rising labour costs might believe they could lay off US architects and contracts for the same services to be provided by a foreign architecture firm. 

"If the architects who intended to perform skilled labour were 'of distinguished merit and ability… seeking to perform (temporary architectural services) of an exceptional nature requiring such merit and ability, one might argue the current regulatory language suggests this type of labour is a permissible basis for B-1 non-immigrant visa issuance," the State Department pointed.

However, this potential outcome is harmful to US workers and contrary to the policies of the Trump administration, it said. Also, the application process for a B-1 visa does not include similar procedural requirements to protect the US workers like that of H-1B visas. Even, the fees for the B-1 visas are far less than that of H-1B visas.