The Trump administration has announced new restrictions on H-1B non-immigrant 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 is likely to affect thousands of Indian IT professionals.
The interim final rule announced by the Department of Homeland Security on Tuesday, less than four weeks ahead of the US presidential election, 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 H1B visa is