The American government has issued notification whichproposes changes in visa regulations and if approved, there will be no moretemporary stay under H-1B, though the same has been the norm.
Skilled workers are often sent by multinational companies towork in America for short durations. The companies would send their employeeson B-1 visa. The proposal intends to remove confusion that “B-1 in lieu of Hpolicy” is an alternative to have the skilled professionals enter America.
The misconception ended up encouraging individuals andemployers to circumvent requirements and restrictions that apply to Hnonimmigrant classification. These conditions have been imposed to protect theAmerican workers.
Skilled Indian professionals may find their plans jeopardizedbecause a lot of B-1 visas are used by companies to send their technology employeesfor a short stay.
As an illustration, Infosys lost a lawsuit and had to pay USD800,000 in December 2019 on grounds of having abused B-1 visas rather than theproper H-1B visas.
The State Department said, "The proposed changes andthe resulting transparency would reduce the impact of foreign labor on the USworkforce of aliens performing activities in a specialty occupation without theprocedural protections attendant to the H-1B classification."
The notification aims to look after the interest of Americanworkers by short-circuiting a plan that allowed companies and skilledforeigners to get more benefits at the expense of the American workers.
The impetus for the companies is saving costs. The modusoperandi is that the companies would fire their local American employees andbring similarly skilled workers from foreign countries.
H-1B visa for the foreign professionals would have forced thecompanies to pay a salary equal to the Americans in addition to ensuringprotections for the American workers.
But the companies would go for B-1 visas, the wages thatneeded to be paid would be less, but this fact did not matter to the incomingprofessional because of the foreign exchange rate of America with their homenation.
The American government in its new notification intends tomake such a plan ineffective by mandating a pay equal to the one paid toAmerican workers.
Donald Trump stands by his people and the misuse of thepolicies is having an adverse effect on his nation in addition to underminingthe sanctity of the American law.