Kumari Palany & Co

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Amendments in H-1B visa application process

Posted on: 03/Dec/2018 3:56:58 PM
Trump administration had imposed key changes to the process of H-1B application. This includes companies to e-register petitions in advance. This is aimed at providing American visa only to the most skilled and foreign workers who are highest paid.

Indian IT companies and professionals obtain H-1B visa which is a non-immigrant visa. With this, US companies can employ foreign workers that demands theoretical and technical expertise in specialty occupations. Annually, employees from India and China are recruited under the H-1B visa in technology companies.

According to the merit based rule that is introduced recently, a notice got rolled out on Friday. This states that as per the Congressional mandated annual caps, the companies that deploy foreign workers should get e-registration done for the US Citizenship and Immigration Services (USCIS) within stipulated registration period.

The numerical limit set is 65,000 visas per year, as mandated by the congress. Of this, the first list of 20,000 petitions shall be filed on behalf of the beneficiaries holding US masters degree.

As per the new rule, the USCIS order shall get reversed. Accordingly, H-1B petitions that fall under H-1B cap shall be selected. With this, the total count of foreign workers holding masters degree or any other type of higher degree obtained from US institution will be handpicked for H-1B cap.