Proposed tightening of H-1B rules could narrow its scope: Nasscom
H-1B visa process for speciality occupations could harrow the scope of applicants who qualify for the visa, said IT industry body Nasscom in a preliminary note. On October 23rd, the US Department of Homeland Security (DHS) released a proposed rule intended to modernize, improve, and increase flexibility in the H-1B visa program.
The H-1B non-immigrant visa program allows US employers to temporarily hire foreign workers for specialized occupations that require a bachelor's degree or higher. Nasscom has also welcomed some of the proposed changes.
The proposed rule is currently open for a 60-day comment period. Nasscom will be making a formal submission and has already begun a thorough industry assessment of the proposed rule.
Nasscom said, in a note, that sections of the proposed rule align with the former (US) administration’s unsuccessful attempts to limit the H-1B program in a manner that raises concerns for the IT industry.
“For example, the proposed tightening of the definition and requirements for H-1B “specialty occupations” narrows the scope of applicants who will qualify for an H-1B visa and ignores the nature of our modern workforce, not found in the Immigration and Nationality Act (INA). This and other hurdles in the proposed rule create difficulties for companies attempting to hire the necessary skilled workers to fill key, and currently unfilled, jobs across STEM fields,” said Nasscom.
Cap-gap protection period for international students explained & how US plans to change it
The DHS proposes to streamline requirements for the H–1B program by. One of the proposals includes revising the regulatory definition and criteria for a “specialty occupation”. Further it proposes to clarify that
