Two years ago, US President Donald Trump signed the executive order for the “Buy American and Hire American”. Ever since then, H1B Visas have been a hot topic.
What happened that made the H1B such a hot topic?
The “Buy American & Hire American” order specifically
targeted the H1B Visa program for reform. The H1B program is meant for
businesses to bring skilled foreign workers into the US.
In 1952, overriding a
veto by President Truman, the Congress passed a law Section 101-15H1. Hence the
H1.
In the 1950s, the original version of this visa was for
someone from overseas who could temporarily provide services of “exceptional nature”
requiring such merit and ability.
In 1990 President George W. Bush signed the law that we are
working with today. The law created H1A for nurses and the H1B for speciality
occupations. The H1A no longer exists. A speciality occupation requires at
least a Bachelors degree.
Computer-related
occupations constitute 69% of all H1Bs. Architecture and Engineering are a
distant second.
Three-quarters of all
H1B recipients are from India.
This visa has become so popular that in recent years the
85,000 visas available have been filled up in less than a week.
The H1B Visa allows
foreign workers to stay in the US for 3 years. Thousands of these H1B Visa
holders are approved for an extension each year which allows them to live in
the US for up to 6 years. H1B holders who are approved for a Green Card are
allowed to stay even longer.
As per President Trump, the American immigration system
allows American workers of all backgrounds to be replaced by foreign workers.
These foreign workers sometimes fill in the same jobs for lesser pay than their
US counterparts, as quoted by Bloomberg.
Many US tech workers have said that they have been pushed
out of their jobs and replaced by H1B Visa holders hired by third-party
Consulting companies. Job mobility is extremely limited for H1B Visa holders.
Hence, they can be subject to lower pay, longer working hours and other
conditions that a US citizen would not tolerate.
Meanwhile, tech
giants like Google, Apple, Facebook, Microsoft and Amazon worry that they could
be crippled without the H1B.
Ever since the executive order has been issued, the Trump administration has been gradually and often quietly updating its policies. They changed the lottery process to increase the number of H1Bs going to advanced degree holders. They require documentation on wages, job duties and placement of H1B workers at third-party sites. They moved to end the work permit for H1B spouses. In the end, they are simply denying more H1B applications.
Congress will have to act if there have to be meaningful
changes to the H1B Program. In the time being, no one should expect the H1B
process to get any easier.
Y-Axis offers a wide range of Visa and Immigration products as well as
services for aspiring overseas students including Work Visa for the USA, Study Visa for the USA, and Business Visa for the USA.
If you are looking to Study, Work, Visit, Invest or Migrate to the USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.If you found this blog engaging, you may also like…