Working In The US: Indian Job Seekers, H1 & H4 Work Visa

Can working in the US be easier post Trump presidency? The President-elect, Joe Biden, has vowed to make the USA an inviting destination for job seekers from around the globe.

This means the US government led by Biden is likely to be favorable for talents from India as well.

Check out: Immigrants Contribution To US Innovations Since 1974

Working In The US – Trump Vs Biden

The Trump-led USA government had brought in rules and laws that were extremely tough on international job seekers.

The US administration under President Donald Trump issued the executive order “Buy American Hire American” in 2017 April. This order was issued to protect workers and job seekers from America.

Check out: President Trump’s Immigration Reform and State of the Union Address

What are some of the favorable changes for international job seekers including Indians that can be expected from the Biden-led US administration?

Given below are some of the important visas to the USA for skilled employees.

Read ahead to understand the alterations made to the rules and laws attached to these visas during the Trump-led US administration and the proposed changes put forward by the President-elect, Joe Biden.

H1B Visa – For Employment In The USA

The H1B Visas are the most popular visas issued for skilled employees from India. This is the most sought after visa by the Indians employed in the IT sector (Information Technology).

Under The Trump Led US Administration

The Trump-led administration worked intending to create more job opportunities for the Americans. Hence, several rules and laws were altered concerning the H1B visa to make it favorable for US job seekers.

The executive order, “Buy American Hire American” was issued in 2017 April
Wage hike rule introduced in October 2020
Issued as ‘Interim Final Rule’
Came into effect on the 8^th of October 2020
Wages raised at all levels
Up to 50% increase in certain cases
Several lawsuits filed to challenge this rule
Proposal to remove the B1 Business visa
B1 Visas were being used instead of H1B for short-term projects
Another interim final rule
Narrowed down the definition of the relationship between the employer and employee
The definition of skilled occupation was also compressed
Visa period for employees placed at third-party sites reduced to a year
The rule to be imposed from December 2020
This law is being challenged in US courts
The lottery selection process of H1B workers to be scrapped
Visa to be issued to the employees who earn the highest wages
Travel ban for non-immigrant workers (Due to COVID 19)
Till the 31^st of December 2020
Certain exceptions are given
A preliminary injunction issued by a district court in the US on the 1^st of October
Based on a case filed by a group of trade associations

What Has Joe Biden Proposed?

The President-elect, Joe Biden, proposes the following concerning the H1B Visas.

The number of high-skilled visas to be increased
At present 85,000 H1B visas are issued every year
Out of these 20,000 visas are reserved for those who obtained higher degrees from colleges in the USA
Steps to restrain the exploitation of foreign employees
Workers cannot be hired below the market rates
A new category of visa to be introduced
To support the overall economic growth
Counties and cities permitted to hire higher levels of international workers

H-4 EAD Visa – For Spouses Of H1B Visa Holders

H-4 EAD visas are for the spouses of H1 B visa holders who have already applied for a green card. This visa allows them to get a work permit to be employed in the USA.

The Trump Led Administration

The Trump-led US government had on their agenda to get rid of this visa.

The Agenda of spring 2020 repeatedly mentioned the removal of EAD visa
‘Save Jobs USA’ (Started by a group of US-based techies) filed a lawsuit against this ruling.
The court proceedings continue

Steps Proposed By Biden

President-elect Joe Biden proposes the following concerning the EAD visa

The H-4 EAD visa is likely to be continued
The Obama-led USA government introduced the EAD visa
This was introduced in 2015
To remove the difficulties due to the backlog of green card applications.
Some of the backlogs were even decades-long

Education Visas To The USA

There are around 11 lakhs, international students, studying in the USA. Among these almost 2.02 lakhs students are from India.

Under The Trump Administration

The following changes were either proposed or imposed by the Trump-led US government concerning the education visas for international students.

Amendment of existing OPT (Optional Practical Training) rules
This was mentioned in President Trump’s agenda for spring 2020
The current OPT program permits international students to work for one year after getting their degree.
STEM (Science, Technology, Engineering, and Math) students can get a two-year extension as well.
A proposal to reduce the tenure of education visas introduced recently
Tenure to be reduced to 4 years
In certain cases, the tenure is to be reduced to 2 years
At present international students can remain in the USA as long she/he is pursuing courses
No fixed expiry date for their student visa.

What Does Joe Biden, The President-Elect For USA Propose?

The following proposals have been suggested by Joe Biden regarding education visas.

Withdraw the proposal to restrict the visa tenure for international students.
To increase the number of visas for highly skilled international workers
To exempt international graduates from US doctoral degrees to receive a green card
This will encourage international students to stay longer in the USA

The USA Green Card

Around 5.9 lakhs of employees and their family members were on the waiting list for green cards belonging to the category for employment (EB 2 and EB 3 category). Out of this number, almost 5.5 lakhs people were Indians.

The average waiting period for Indians to obtain a green card is expected to be almost 49 years. The number of Indians waiting for green cards sponsored by families comes up to 2.27 lakhs.

Working In The US Under The Trump Administration

The Trump-led USA government has done nothing to eliminate the backlog of green card applications. The government failed to introduce new laws or rules that could minimize or remove the backlog of applications for green cards.

Working In The US – What Has Joe Biden Proposed?

Joe Biden, the US President-elect has proposed the following regarding green card applications.

Family-based immigration to be supported
They propose to exempt spouse and minor children from green card caps

At present, the spouse and children of a green card holder have to fit into the country cap as well as a world-wide yearly cap. This annual cap comes to almost 2.26 lakhs.

Work-based green cards to be increased.
Backlogs for green cards to be removed by eliminating country caps
An annual cap of 1.40 lakhs at present
The country cap is 7%
The USA is a country of Immigrants
The process of citizenship to be made more accessible
Especially to those qualified and deserving green cardholders

Since the Biden led administration has promised to make the USA an attractive place for international talents, the rules and laws attached to the overseas job seekers currently are likely to be changed or altered.

This means it will be easier for Indian workers and job seekers to get an employment visa, a dependent visa, or a green card.

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