India may urge Joe Biden administration to revoke new rules on H1B visas

Our Bureau Mumbai | Updated on January 17, 2021

One of India’s first things could ask newly elected US President Joe Biden to overturn President Donald Trump’s recent decisions on H1B visas.

On January 12 the Department of Labour (DOL) published an advance copy of a final rule that changes how prevailing wage levels will be computed for purposes of permanent labour certifications. This rule will increase wage costs for most tech companies.

On Friday, January 15, the Department of Homeland Security (DHS) quietly issued a new rule that will broaden the the employer-employee relationship’s definition. “The USCIS, by broadening the employer-employee definition, is now requiring the entities who use the services of the H-1B worker to also file H-1B petitions if they meet the broader definition of employer. The DOL’s corresponding guidance announced that it is reinterpreting its regulation to also require such “secondary employers” to file the LCA and H-1B petition. This departure completely contradicts USCIS’ concerns about whether the petitioner of an H-1B worker is a genuine employer or not by now rendering even the user of the H-1B worker’s services an employer,” Cyrus Mehta, Founder and Managing Partner of immigration law firm Cyrus D. Mehta & Partners, said in a blogpost.

According to industry experts, Nasscom and United States India Business Council are expected to request the new administration under Biden to revoke these new rules.

New restrictions recently pronounced by the Trump administration is a considerable blow to Indian IT professionals eyeing the U.S. job market. While cutting back H-1B visas for skilled foreign workers and tightening wage-based entry barriers appear to be a wise move for American workers’ protection, the restrictions are likely to send shivers across industry verticals and hamper competitiveness from a global perspective. I am also of the opinion that Biden may reverse these regulations as this would hamper the US India relations,’ said Sonam Chandwani, Managing Partner at KS Legal & Associates

Published on January 17, 2021

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