The New H-1B Visa Rule Makes It Even More Difficult For US Companies To Employ Non-Citizens
The United States on Tuesday issued two new rules that make it harder for US companies to employ people on H-1B non-immigrant visas. The move, with less than a month to go for the US Presidential election, is likely to hurt Indian technology professionals and could face scrutiny from courts, legal experts said. As per the Interim Final Rules, which have been issued without any notice period or right to comment, the US Department of Homeland Security and Department of Labor (DHS) have changed the definition of specialty occupation and employee-employer relationship, as well as limited the validity of an H-1B visa to one year - instead of three earlier - for a tech worker placed at a third-party worksite. The rules allow for increased workplace monitoring to improve compliance, while the minimum wage levels at which H-1B employees can be hired have also been increased significantly. This is not a minor increase in wages. They’re fairly substantial and could be a serious deterrence....