Kumari Palany & Co

New rules on H-1B visas

Posted on: 04/Apr/2017 4:55:01 PM
Most of us are aware about the tightening of rules for H-1B visa, but what are they? Let us know some of the key aspects of the Visa here:
 
What is H-1B visa?
This is a non-immigrant visa the US government provides. With this, employers in the US can employ foreign workers. The visa validity is 3 years. This can be extended to 6 years. The employer should employ the individual and request for H-1B visa with a petition at the US immigration department. Once the petition gets approved, it is a work permit. This helps the employee get visa stamp and work at the US for the applicant company.
 
What is the selection process for H-1B visa?
H-1B visa applications are opened at the US citizenship and immigration services on 1st April every year. The authorization of employment is provided on 1st October. H-1B visa allotment applications need to be submitted during first week of April.
 
How much will it cost to apply for H-1B visa?
The fees for application ranges between USD 1570 and USD 3075.
The base filing fee is USD 325 and USD 750 for employers who have 1-25 full time employees. For employers with more than 26 employees, it is USD 1500. If there is a request to change the employer, the fee is USD 500.
 
What is the number of H-1B visa issued annually?
Every year, 65,000 visas are provided. For masters’ degree holders, there is a master cap of 20,000. Last year, out of 2,36,000 applications, just 65,000 were given visa.
 
Is there any allotment for each and every country?
No, there is no such quota for countries. However, for Singapore and Chile citizens, 6,800 are allotted as they have free trade agreement with the countries.
 
What are the Indian IT firms that mainly use H-1B visa?
TCS in Mumbai, Wipro in Bengaluru, and Infosys are the three main H-1B visa applicant employers from India.
 
Indian firms are badly hit by new rules on H-1B visa, why?
About 86 percent of H-1B visa were provided for hiring IT professionals in India in 2014. The Indian IT firm yields USD 160 billion annually. The total country exports accounts to USD 108 billion. Close to 65 percent of revenue are generated out of US clients. For offshore projects, cheaply available Indian employees are deployed. They are migrated to the US for about 6-18 months. For such migration, it is essential to get long term work visas.
 
Are spouses of H-1B visa allowed to live in the US?
Yes, spouse of H-1B visa can live in the US. For this, they will need H4 visa. This however was not allowed till 2015. This is often called as Prisoner Visa.
 
Entry level techies in India get affected in what which ways?
Are you educated in any country other than the US, and graduated in any niche other than computer science or programming? Your entry for H-1B visa will be difficult. As per the new rules, applicants should have graduated in the US in any associated bachelor’s degree in computer sciences. The software programmers in diploma level will not be approved with H-1B visa from this season.
 
What are the changes companies will incorporate in the new environment?
The IT companies like TCS, MindTree, Infosys, etc will be hiring employees in the US. They will also not renew employee visas. A few are set to launch in nearby Canada and Mexico.