US move on H1B for speciality jobs to hit Indians

Washington: The US State Department has proposed not to issue temporary business visas for H1B speciality occupations which allowed companies to send their technology professionals for a short stay to complete jobs on site in the US, a move which could affect hundreds of Indians.

The proposal, if finalised, will eliminate any misconception that the "B-1 in lieu of H policy" provides an alternative avenue for foreign professionals to enter the US for skilled labour that allows, and potentially even encourages them and their employers, to circumvent the restrictions and requirements relating to the "H" non-immigrant classification established by the Congress to protect US workers, the State Department said.

The move, made public on Wednesday, less than two weeks ahead of the November 3 presidential election, is likely to affect several Indian companies which send their technology professionals on B-1 visas for a short stay to complete jobs on site in the US.

In December 2019, the Attorney General of California announced a $800,000 settlement against Infosys Ltd to resolve allegations that approximately 500 Infosys employees worked in the state on company-sponsored B-1 visas rather than H1B visas, the State Department said.

"The proposed changes and the resulting transparency would reduce the impact of foreign labour on the US workforce of aliens performing activities in a speciality occupation without the procedural protections attendant to the H1B classification," it said.