• Home
  • Country Index
  • About US
  • Contact

Immigration World

The World Has No Boundaries

  • Canada
  • Dubai
  • France
  • India
  • Italy
  • Sweden
  • UK
  • USA
  • etc
  • Country Index

Home » USA » Curbs On H-1B Visa Removed – Can The Indian IT Sector Benefit From Biden’s Decision?

Curbs On H-1B Visa Removed – Can The Indian IT Sector Benefit From Biden’s Decision?

May 20, 2021 by Filter Coffee

The Biden-led US government has removed the curbs on H-1B visa and this will be a huge relief to the IT (Information Technology) sector in India. The IT firms in India are the biggest users of the H-1B visa and this is also is one of the most sought-after visas to the US by Indians.

Curbs On H-1B Visa

Read: President Biden’s New Immigration Bill 2021 Gives Indians A Reason To Cheer

Curbs On H-1B Visa Proposed By Trump

Earlier the Trump-led US administration had proposed a regulation seeking to narrow down the definition given to “Speciality Occupation” under the H-1B visa. However, the Department of Homeland Security (DHS) in the US has now removed the rule imposed by the Trump administration which was to redefine Speciality Occupation under this visa.

  • Highly skilled foreign workers can travel to the US using an H-1B visa
  • During the presidential campaign days in 2016, the Trump administration proposed that several changes will be made to this visa program if he was elected
  • The changes were to restrict the number of foreign workers entering the US under this visa

Read: Working In The US – Will It Be Easier For Indians With Biden In The Office?

Curbs On H-1B Visa  – Changes By Biden  Government

The Biden-led US government has now removed the curbs following a ruling by a federal court. The court decided to remove it because the proposed regulation failed to give a good cause that proved the rules attached to this visa violated the APA (Administrative Procedures Act):

  • On the 18th of May 2021, the USCIS (US Citizenship And Immigration Services) stated that a final rule was issued by the DHS.
  • The DHS (Department of Homeland Security) has now removed the IFR issued by Trump in 2020.
  • The IFR has also been removed from the CFR (Code of Federal Regulations) by a US federal district court.

Curbs On H-1B Visa – How The Indian IT Sector Benefits

 The rule proposed by the US government under President Donald Trump sought to increase employer compliance commitments and restrict the placement of off-site workers under the H-1B visa. The IFR (Interim Final Rule) was put forth in October 2020.

  • The H-1B visa has been in extensive use by the IT sector in India
  • Several administrations in the US have always kept the view that the Indian IT firms were misusing the H-1B visa system which is based on a lottery system

The IFR introduced by the DHS in October 2020 had made several changes to the H-1B visa program.

  • Regulatory definitions attached to the” Speciality Occupations” under this visa were redefined
  • The validity period for international workers employed at 3rd party worksites under the H-1B visa was reduced
  • The validity period was reduced from 3 years to 1 year
  • The US Department of Labor (DOL) at the same time changed the method by which wage rates are calculated for visa applicants seeking H-1B visa
  • The  wage percentiles were adjusted by a few levels  by the DOL

A court order blocked the two IFRs issued by the DHS and DOL simultaneously seeking to restrict the right of the companies in the US to hire foreign workers under the H-1B visa. The order was issued by the US District Court of California’s Northern District on the 1st of December 2020. As a result of this ruling, both the DHS IFR and the DOL IFR did not come into effect.

IT companies in India can now be relieved that the DHS has officially removed the regulations put forth by the Trump administration on the H-1B visa. However, the Biden-led US government could impose their regulations on this visa program in the months/years to come.

Also Read

  • H1B Visa Process Of Selection To Be Amended
  • President Joe Biden To Propose An 8 Year Path To Citizenship In The US
  • Reissuing Of OCI Cards – Process Simplified By The Indian Government
×

Filed Under: USA Tagged With: H1B Visa, usa immigration

Follow US

Recent Posts

  • Thailand Smart Visa -The Visa You Need to Set Up a Business in Thailand
  • Live And Work In The UK Using The UK-India Young Professionals Scheme
  • How To Apply For Australia’s Global Talent Visa Program
  • How To Get An Estonian Startup Visa
  • 5 Employment-Based Immigrant Visa Preference Categories For The American Green Card

Top Posts & Pages

  • 9 Countries Indians Can Easily Get Permanent Residency
  • OCI Card For Infants - How To Apply For An Child’s OCI Card
  • Top 10 Countries Where You Can Immigrate and Settle Easily
  • Ways to Migrate to Singapore
  • Tax Filing In Germany For International Students – Do All International Students Need To File Tax?
  • 10 Countries To Get PR Visa Easily
  • 5 Tips for International Students To Identify A Fake University In The USA
  • Indian Students Studying Abroad – The Latest Statistics
  • Can You Pass the German Citizenship Test?
  • How to Migrate to the UK

Tags

Australian citizenship Australian student visa Canada Immigration Canada student visa citizenship citizenship test Coronavirus cost of living EB5 visa Green Cards H1B Visa H1B visa Policy H4 visa immigrate to immigration and settlement Indian e-visa indian immigrants indian students Indian Visa International Students investor visa Migrate to no visa travel passports Permanent Residency Schengen Visa startup visa Student Visa Study in USA Tax Filing For International Students tourist visa travel ban travel tips UK immigration UK Student Visa UK Visa USA Green Card usa immigration USA student visa USA Visa US citizenship US immigration US work permit work permit For H4 visa work visa
Feedback | Disclaimer
Copyright © 2023 immigrationworld.com.
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
SettingsAccept
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
 

Loading Comments...