US proposes not to issue business visas for H-1B speciality occupations

US State Department in a federal tification Wednesday proposed to make changes to its existing visa regulations under which foreign professionals, which would fall under H-1B, would t be issued a temporary visa for business, as has been widely prevalent currently.

If finalized, this proposal will eliminate any misconception that "B-1 in lieu of H policy" provides an alternative avenue for foreign professionals to enter US to perform skilled labour that allows, and potentially even encours m and ir employers to circumvent restrictions and requirements relating to H nimmigrant classification established by Congress to protect US workers, State Department said.

move is likely to impact a lot of Indian companies who send ir techlogy professionals on B-1 visas for a short stay to complete jobs on-site in US.

On December 17, 2019, California Attorney General anunced a USD 800,000 settlement against Infosys Limited to resolve allegations that approximately 500 Infosys employees worked in California on Infosys-sponsored B-1 visas rar than H-1B visas, State Department said.

" proposed changes and resulting transparency would reduce impact of foreign labour on US workforce of aliens performing activities in a speciality occupation without procedural protections attendant to H-1B classification," it said.

In its federal tification issued on Wednesday, State Department said US architecture firm seeking protection from rising labour costs in country might believe it could lay off its US architects and contract for same professional architectural services to be provided by a foreign architecture firm.

If foreign firm sought H-1B visas for its architects, it would be required to pay prevailing w for architects in area of intended employment in United States, presumably same w US architects h been paid, and meet or requirements enacted by Congress to protect US workers.

But under B-1 in lieu of H policy, foreign architects could ostensibly seek B-1 visas and travel to US to fill a temporary need for architecture services, so long as y retained a residence in foreign country and continued to receive a salary, perhaps significantly lower than what is customary for US architects, dispersed abro by foreign firm (or under auspices of a foreign parent or subsidiary), State Department said.

Under Department's guidance, visas could be issued for multiple architects planning temporary work in United States, in certain situations. However, a foreign employer may succeed in undermining US immigration law and policy by rotating architects between US and foreign country to effectively fill position of one US architect at a significantly lower cost, tification said.

"If architects who intended to perform skilled labour were "of distinguished merit and ability... seeking to perform (temporary architectural services) of an exceptional nature requiring such merit and ability, one might argue current regulatory langu suggests this of labour is a permissible basis for B-1 nimmigrant visa issuance," State Department said.

This potential outcome is harmful to US workers and contrary to policies of Trump ministration, it said.

State Department said application process for a B-1 visa does t include similar procedural requirements to protect US workers like that of H-1B visas.

Also, fees for B-1 visas are far less than that of H-1B visas. While Congress required H-1B employers to pay significant fees to fund assistance to US workforce as well as prevention and detection of fraud related to skilled labour, employers are t required to pay comparable fees to employ skilled workers under B-1 in lieu of H policy, it said.

According to tification, State Department estimates that this proposal will affect more than 6,000 to 8,000 foreign workers per year, specifically aliens intending to provide services in a speciality occupation in US.

As per its estimate, up to 28 per cent of approximately 8,000 annual B-1 visa issuances under B-1 in lieu of H policy were to foreign workers who applied for a visa to perform services in a speciality occupation for a small entity in US. PTI LKJ CK