The State Department has proposed not to issue temporary business visas for H-1B specialty occupations, allowing several companies to send their tech professionals for a short stay to complete on-site jobs in the US, a move that it could affect hundreds of Indians.
The proposal, if finalized, will eliminate any misconception that the “B-1 policy instead of H” provides an alternative avenue for foreign professionals to enter the US to perform skilled work that allows them, and potentially even encourage them and their employers to circumvent restrictions and requirements related to the H nonimmigrant classification established by Congress to protect American workers, the State Department said.
The measure, which was made public on Wednesday, less than two weeks before the November 3 presidential election, is likely to affect several Indian companies that send their technology professionals on B-1 visas for a short stay to complete. works on site in the USA
On December 17, 2019, the California Attorney General announced an $ 800,000 settlement against Infosys Limited to resolve allegations that approximately 500 Infosys employees were working in the state on Infosys-sponsored B-1 visas instead of H-visas. 1B, the State Department said. .
“The proposed changes and the resulting transparency would reduce the impact of foreign labor on the US workforce of foreigners engaged in activities in a specialty occupation without the procedural protections associated with the H-1B classification,” he said.
In its federal notification issued Wednesday, the State Department said that the American architecture firm seeking protection against rising labor costs in the country may believe it could fire its American architects and hire the same professional architectural services that would be provided by a foreign architecture firm. .
If the foreign company applied for H-1B visas for its architects, it would be required to pay the prevailing wage for architects in the area of intended employment in the United States, presumably the same wage that American architects had been paid, and meet with the other salary. requirements enacted by Congress to protect American workers.
But under the B-1 policy instead of the H policy, foreign architects could apparently seek B-1 visas and travel to the US to meet a temporary need for architectural services, provided they maintained a residence in the country. and will continue to receive a salary, perhaps significantly lower than is customary for American architects, distributed overseas by the foreign firm (or under the auspices of a foreign parent or subsidiary), the State Department said.
Under the direction of the Department, visas could be issued for various architects planning temporary jobs in the United States in certain situations. However, a foreign employer may be successful in undermining US immigration law and policy by rotating architects between the US and the foreign country to effectively fill the position of an American architect at significantly less cost, according to the notification.
“If architects who intended to perform qualified work were” of distinguished merit and ability … seeking to perform (temporary architectural services) of an exceptional nature requiring such merit and ability, it could be argued that current normative language suggests this type of work is an allowable basis for issuing B-1 nonimmigrant visas, “said the State Department.
This potential outcome is detrimental to American workers and contrary to the policies of the Trump administration, he said.
The State Department said the application process for a B-1 visa does not include similar procedural requirements to protect American workers as those for H-1B visas.
Also, the fees for B-1 visas are much lower than for H-1B visas.
While Congress required H-1B employers to pay significant fees to fund assistance to the U.S. workforce, as well as the prevention and detection of skilled labor-related fraud, employers are not required to pay comparable rates to employ B-1 skilled workers instead of policy H, it said.
According to the notification, the State Department estimates that this proposal will not affect more than 6,000 to 8,000 foreign workers per year, specifically foreigners who intend to serve in a specialty occupation in the United States.
By his estimate, up to 28 percent of the roughly 8,000 annual B-1 visas issued under policy B-1 rather than policy H were for foreign workers applying for a visa to perform services in a specialty occupation for a small entity. . In the USA.
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