H1b Visa News: The United States Will Soon Begin a Review of Nonimmigrant Visas, Including H-1B Visas | India Business News

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BANGALORE/MUMBAI: US President Donald Trump, in the executive order signed by him on Wednesday, called for a review of nonimmigrant programs, which include work visas, including the popular H-1Bs.
While the executive order, at present, temporarily bars certain immigration – notably, those awaiting a green card outside the United States, with some exceptions – a review of nonimmigrant visa programs within 30 days of the proclamation is going to subject the H-1B and L visas (used for intra-corporate transfers) to another round of stress tests.
President Trump wants the Secretaries of Labor and Homeland Security to review other nonimmigrant visa programs and recommend other appropriate measures to stimulate the US economy and ensure prioritization, hiring and employment American workers.
Ashwin Sharma, a Jacksonville-based immigration attorney, told TOI, “At this time, the proclamation has not affected vulnerable visas in the nonimmigrant categories. However, Section 6 of the proclamation is deeply concerning because it leaves the door open for a future attack on the H-1B and other work visas.

Sharma hopes the president no longer intends to attack the H-1B and other nonimmigrant visas under the guise of “protecting the American worker.” He wondered if the proclamation is a subtle and first trial of the waters. According to him, the United States will need its skills gap to be filled by H-1B and other professional workers in the long recovery from the ravages of Covid-19.
Nasscom, the $191 billion IT industry body, has stressed to the US government that the knowledge sector, not just healthcare workers, is critical and essential to helping the American people and the US economy. to recover in these difficult times.
“The United States must have access to those working in healthcare as well as essential technology workers who keep critical infrastructure running in the United States, which is very important in the recovery phase and we believe that the Department of Homeland Security (DHS) has provided an excellent roadmap for any subsequent potential recommendations for nonimmigrant and other visa categories. The Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA) provided detailed examples of essential jobs and employees,” said Shivendra Singh, vice president and head of global business development at Nasscom.
In presenting the guidelines, CISA had said that the operation of critical infrastructure is imperative during the response to the Covid-19 emergency for public health and safety as well as for the well-being of the community. “Certain critical infrastructure industries have a particular responsibility in these times to continue operating,” he said.
It remains to be seen what recommendations will follow after a review by the Secretaries of Labor and Homeland Security. “However, a ban on nonimmigrant visas is highly unlikely. In any case, any ban or restriction will only be effective during the period of national emergency. Even a president cannot overrule laws already written by Congress,” said Arlington-based immigration attorney Rajiv S Khanna.
Even as there are growing clamors to restrict H-1B visas, a reality check showed that the top seven India-based companies reportedly only received 2,200 new H-1B applications for a first job in fiscal year 2018, less than 2.6% of the 85,000-annual cap for companies. The US is estimated to have a shortage of 7.5 million STEM talent as of April last year. Many in the US tech industry believe that immigration is the only way to deal with it.
Nasscom said the priorities established by CISA should help define the types of essential workers that any subsequent recommendations on nonimmigrant visa programs should include and address. “We also hope that those developing recommendations for these programs consult widely and accept input from a wide variety of sources in their deliberations.

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