Trump Admin Imposes New Curbs On H-1B Visas To Protect US Workers

The interim final rule announced by DHS will narrow the definition of ‘specialty occupation’

WASHINGTON DC: The Trump administration has announced new restrictions on the H-1B nonimmigrant visa programme which it said is aimed at protecting American workers, restoring integrity, and to better guarantee that H-1B petitions are approved only for qualified beneficiaries and petitioners, a move which will affect thousands of Indian IT professionals.

The interim final rule announced by the Department of Homeland Security (DHS) on Tuesday, ahead of the US presidential election on November 3, will narrow the definition of specialty occupation as Congress intended by closing the overbroad definition that allowed companies to game the system.

It will also require companies to make real offers to real employees, by closing loopholes and preventing the displacement of the American workers. And finally, the new rules would enhance the department's ability to enforce compliance through worksite inspections and monitor compliance before, during, and after an H1-B petition is approved.

The H-1B visa is a nonimmigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise.

The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.