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H-1B visa overhaul might revise wage requirements

H 1B visa overhaul might revise wage requirements


As U.S. President Donald Trump pursues his immigration crackdown, his administration is believed to be in the midst of overhauling US worker visas intended for specialty occupations like the tech industry.

The Trump administration is reportedly working on an overhaul to the H-1B system that includes revisions to eligibility requirements and new wage requirements.

This could mean a focus on higher wages, making it harder for foreign workers with smaller salaries, such as teachers, to be eligible.

Here’s what to know:

What are H-1B visas

The H-1B visa programme is reserved for people from other countries who are employed in specialty occupations in the United States, frequently in the technology field.

They can include software engineers, tech programme managers and other IT professionals.

H-1B visa recipients also generally have to hold a U.S. bachelor’s or higher degree or an equivalent foreign degree among their education and other certificates.

People in the United States on H-1Bs can extend beyond an initial six-year time frame – three years plus a three-year extension – if a green card application has been filed.

Under the terms of their visas, workers who are laid off face the prospect of having to leave the country within 60 days unless they can find another job or manage to change their immigration status.

Other work programmes include H-2A visas, which are for temporary agricultural workers, and H-2B visas for seasonal non-agricultural workers.

Tahmina Watson, an immigration lawyer based in Seattle, Washington, has suggested a new category for a “startup” visa for people who want to come to the country to start new companies.

“The startup visa is something I have advocated for almost two decades,” she said. “I do think our visa system is in desperate need of reform.”

What changes are under consideration

The Department of Homeland Security is planning to unveil a proposal that would base the allocations of H-1Bs on wage levels, which some industry groups have criticised as potentially restricting the number of eligible workers, Bloomberg Law reported.

The Office of Information and Regulatory Affairs cleared the proposed rule overhauling allocation of H-1B visas for specialty occupation workers on August 8, according to Bloomberg.

The Department of Homeland Security is also revisiting eligibility criteria for H-1Bs and employment-based green cards, Bloomberg reported.

Who could be affected?

People from India accounted for the vast majority of approved H-1B beneficiaries in 2023, followed by China.

Under the current system, those affected by layoffs in the tech sector can find themselves scrambling to maintain their legal status.

This article first appeared on Context, powered by the Thomson Reuters Foundation.

This article first appeared on Scroll.in

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