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U.S. lawmakers propose restrictions on H-1B, L1


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Officials at the U.S. Consulate General, Chennai, demonstrate a simpler visa process for applicants. File photo: R. Ravindran
THE HINDU
Officials at the U.S. Consulate General, Chennai, demonstrate a simpler visa process for applicants. File photo: R. Ravindran
 
 
 
 
 
 
 

New bill proposes to bar companies that have over 50 employees and fifty percent of them on H1-B, L1 visas, from hiring more and encourage recruitment of American workers.

In yet another move to recast the H-1B and L1 visa programmes that allow thousands of Indian skilled workers to move to the U.S, two U.S lawmakers have introduced a new piece of legislation in the House of Representatives.

The new bill proposes to bar companies that have more than 50 employees and fifty percent of them on H1-B, L1 visas, from hiring more. The bill will encourage companies to recruit American workers. The bill proposes new wage requirements for H-1B visa-holders and establishment of wage requirements for L1 workers. The bill, if passed into law, will also provide more authority to the Departments of Homeland Security and Labour to investigate fraud and abuse in the H-1B and L-1 programs.

List of rights for visa-holders

The visa-holders will be given a list of rights to protect them from exploitation, according to the proposed bill, Representatives Bill Pascrell and Dana Rohrabacher said in a statement.

 The bill echoes concerns that critics of the H-1B, L1 visas have been raising for years -- that companies are using the programmes to undercut American workers; that they are replacing American workers, a practice the existing guidelines prohibit. Companies are also accused of exploiting workers on visas. The same members had moved a similar bill in 2010 also, but such proposals have not gained enough momentum until now, to be passed into law.

‘50-50’ formulation 

The ‘50-50’ formulation – companies with more than 50 employees that have 50 per cent of them on visas – specifically target Indian companies in effect, and less Indian workers. For instance, Facebook, Google or Microsoft will continue to be able to hire workers on visas until 50 per cent of their employees are visa holders.

But Indian companies such as Infosys, Wipro or TCS that already have more than 50 per cent of their employees on visas could be prevented from hiring more. Last year, when additional visa fees were introduced for H-1B and L1 categories, the ‘50-50’ provision  -- as it has come to be called -- made it applicable primarily to Indian companies.

Therefore, this year, on each H-1B visa, an Indian company paid nearly $5,000 more than an American company. Also, an American start-up, which usually has less than 50 employees, can run its entire operation by hiring people on visas.

Foreign outsourcing firms top users 

“Foreign outsourcing companies are the top users of the H-1B and L-1 visa programs. Over the years a number of concerns have been raised about how certain companies have been using these visa programs,” Mr. Pascrell said.

 Outsourcing of American jobs becomes a live topic during elections, and in the past, John Kerry and Barack Obama have spoken against it. But there has never been a move that actually restricted the visa regime, though the visa processing fees has been going up. But the cap of 85,000 has remained constant for several years now. Of this, 20,000 are reserved for U.S-educated applicants.

Cap may not go up in future 

Given the political sentiment, what is clear is that the cap is unlikely to go up in future, and Indian companies are on a drive to ‘localise’ their workforce, representatives of several firms told The Hindu. No company offered specific figures, but a TCS spokesperson said the company is among the “top three recruiters of local IT talent in the USA for the last five years.” 

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3 minutes ago, alpachinao said:

matter enti?

 

if a company has more than 50% of H1 B's then those companies should be stopped/barred from applying H1-B visa.

this will allow companies like Google FB etc to hire h1-b and citizens,while cts wipro infy will be stopped from applying h1-b and encouraged to hire from USA not import

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6 minutes ago, 150bryant said:

if a company has more than 50% of H1 B's then those companies should be stopped/barred from applying H1-B visa.

this will allow companies like Google FB etc to hire h1-b and citizens,while cts wipro infy will be stopped from applying h1-b and encouraged to hire from USA not import

It is a good rule..it will be helpful to optredens because..people like it serve will open mushroom coMpanies every year and apply h1b where as CTS TCS will have no option other to hire opt students corp to corp..win win for students.

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2 minutes ago, kakatiya said:

It is a good rule..it will be helpful to optredens because..people like it serve will open mushroom coMpanies every year and apply h1b where as CTS TCS will have no option other to hire opt students corp to corp..win win for students.

students ki kooda H1 apply cheyale kada....this rule might also affect consulting companies

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13 minutes ago, 150bryant said:

ee lawmakers ki ...manufacturing units motham china ki shift ainappdu teliyaledhaa..outsourcing effect entoo..H1-Bs meedha padthunaru

+1

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5 minutes ago, kakatiya said:

It is a good rule..it will be helpful to optredens because..people like it serve will open mushroom coMpanies every year and apply h1b where as CTS TCS will have no option other to hire opt students corp to corp..win win for students.


e new rule edho bagundhi..

retrospection:
but evariki bagundhi?..
already US lo una vallaki bagundhi.... alreGC kosam kotichkey vallaki bgundhi.
veeley kadha okapdu mestris thru vachindi... yes veelley.
appdu mestris ki more than 50% unaru...mari appdu nyaayam emaindhi ? asal edhi nyaayam?

final decision:
this rule is not good

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7 minutes ago, 150bryant said:


e new rule edho bagundhi..

retrospection:
but evariki bagundhi?..
already US lo una vallaki bagundhi.... alreGC kosam kotichkey vallaki bgundhi.
veeley kadha okapdu mestris thru vachindi... yes veelley.
appdu mestris ki more than 50% unaru...mari appdu nyaayam emaindhi ? asal edhi nyaayam?

final decision:
this rule is not good

cool rakhi cool man...

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8 minutes ago, loveindia said:

cool rakhi cool man...

i think veelu ee immigrant visa laws anni shd start from Univ level.. appdu problem avadhu ankunta

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27 minutes ago, kakatiya said:

It is a good rule..it will be helpful to optredens because..people like it serve will open mushroom coMpanies every year and apply h1b where as CTS TCS will have no option other to hire opt students corp to corp..win win for students.

students after couple of years OPT nunchi H1b ki marali kada ? Appudu yem chestharu students ?

and main target of thhis bill/law is to hire locals more kaani ila malli indian origin people ni hire cheyyadam mkaadu kada ! for now it might help OPTs bill pass ayethey then OPTs ila hire chesthunnaru ani inkoka rule pass chethey appudu yem chestharu kotta rule like " American citizens hire cheyyali ani"

 

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6 minutes ago, 150bryant said:

i think veelu ee immigrant visa laws anni shd start from Univ level.. appdu problem avadhu ankunta

when a person is getting into the country, f1 aitey inni years , h1 aitey inni years or total inni years stay ki PR types lo start cheyyali veedu slow ga... like NZ, Aus + some conditions... then only ee backlogs or gola taggutaai... appativaraku same exploitation continues man...

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