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Trump H-1B Visa Policy: Will It Prove Blessing In Disguise

On Feb 22nd 2018, the USCIS issued a clarification of its stance on H-1B visa for people who are planning on immigration to the USA for work on a temporary basis.

The H-1B visa Program enables an international worker to take up occupation with an employer who is located in the USA. The USCIS had clarified that it would be possible for the location of the employment to change while the immigrant is in the USA, but sufficient documentation would be required in order to make sure that there is a legitimate working relationship between the immigrant worker and his US employer.

The recent changes have brought in a lot of media interest with many doomsday posts and articles predicting that it will be extremely tough for Indians who are thinking about immigration to the USA and the companies who are looking to hire them.

However as clarified by the USCIS, there have not been any new changes but rather a stricter reinforcement of the existing rules as laid down by the laws concerning USA immigration.

The H-1B visa program for USA immigration generally allows a foreign worker to work for a specific employer based in the USA, at the same time acknowledging that it is possible for the work location to change from time to time.

The USCIS has clarified that it may, in certain cases ask for more detailed documents and conduct additional scrutiny to ensure that a legitimate working relationship is maintained between the employer and the employee.

[Read More: H1B Visa Process Guidelines]

Clarifications In Policy For H1-B Workers

The clarification, which is of interest to all America visa consultants, states the following.

1. The H-1B petitioner should be employed in an occupation that requires specialized skills
2. The employer needs to ensure a legitimate working employer-employee relationship during the duration of the visa.

More significantly, the USCIS has also stated that the visa would be approved only for the duration for which the petitioners presence is required in the USA. Earlier, the visa duration was approved for 3 years at length and it was easy to renew it for further extensions, leading to its misuse.

The latest clarification has been issued in line with President Trumps Buy American and Hire American Executive order, signed by him, which calls for a policy that encourages people to buy locally made goods in America and hire American people for their job positions in order to promote economic growth and strengthen national security amongst other things.

It specifically states that it will henceforth be the policy of the executive branch of the government to enforce and administer laws related to immigrant workers coming from abroad.

[Read More: International Students in America]

New H-1B Policy Clarification A Blessing In Disguise

While many media reports as well as immigration consultants are pressing the panic button, the reality is that these new clarifications are indeed a blessing in disguise.

A number of nefarious companies have been sprouting up to take advantage of the dual intent nature of the of the H-1b visa to bring in people to the USA, who are not qualified enough and give them an opportunity to get a green card.

This has led to the turning away of many deserving candidates who would have made a positive contribution to the US economy. With the new enhanced scrutiny in place the meritorious candidates who are truly deserving will be given preference and will be able to perform efficiently.

This will indeed lead to a renewal of respect for the H-1B visa category among Americans and American employers.