Swaraj, Jaitley raise H1B visa issue but US Labor Dept is tightening regulations anyway

[TampaChinnodu]

The most strictly regulated work visa in the United States - the H1B - is all set to become more knotty.

While high ranking Indian ministers continue to engage with various stakeholders in the Trump administration on the impending H1B visa reform process, the Department of Labour is further tightening H1B regulations in its relentless ongoing effort of upping protection for American workers.

Link: Follow our comprehensive coverage of H1B visas on Planet Trump

The form with the maximum open source information on H1B workers - the Labor Condition Application (LCA) is set to drill down to more painstaking detail than it ever has in all the years since the existence of the H1B visa.

External Affairs minister Sushma Swaraj/ AP

In its present form, the LCA asks the employer for location of the H1B worker but the new LCA proposes to dig much deeper. This is born of the gaps that have historically existed within the H1B model - where the H1B employer often ( not always, not essential) sub-contracts downstream which means there are often layers of people involved between the official employer - H1B worker and and the client who don’t figure in the paperwork.

These gaps, because they go undocumented, have led to their own set of issues ranging from deep cuts in actual salary drawn to sketchy deliverables when an H1B staffer is benched.

If the proposed changes come through, the H1B employer will have to add the name of the “secondary employer” in cases where the secondary employer has the “right to control” the daily work of the H1B employee and this secondary employer’s ability to terminate the H1B employee.

Why this matters is that the LCA is the original fount of information on any H1B worker and is the first stop in the voluminous trail of paperwork that accompanies H1B petitions. It is basis the open source information in LCA petitions that a young French engineer named Theo Negri first broke the story on how some companies game the H1B lottery systems.

India's foreign minister Sushma Swaraj flagged the H1B visa issue with a visiting nine member Congressional delegation and Finance Minister Arun Jaitley brought it up with Commerce Secretary Wilbur Ross stressing that H-1B workers are “high-value professionals” and not “illegal economic migrants and that is why US should treat them with a different and better perspective.”

While this outreach continues, the focus of the Americans has been on something else entirely: plugging the gaping holes in procedure and due diligence. Like White House officials (rightly) say that nothing has changed so far, that is as far as legislation goes. But since the H1B visa is overseen by multiple agencies, the assault on tying up loose ends has been relentless.

After being a staple of the whisper circuit the last decade, ‘gaming the H1B’ became prime time fodder for the ‘America First’ club in Trump-led USA. Early this year, the White House jumped in too, naming TCS, Infosys and Cognizant in its briefing on reforming the H1B.

Despite India’s A team of ministers routinely bringing up the H1B issue, it did not come up during the Modi-Trump meetings. The American position has not changed since early this year, and a top White House official put it in simple words: “The official position has not changed. It is under review and until the review is complete, we have nothing more to say. Whatever needs to be said is in the Buy American Hire American Executive Order."

India leads the list of top 20 countries filing H1B applications, according to latest data released by the US Citizenship and Immigration Services - the most important cog in H1B regulation. Of the total 336,107 applications received in 2017 , India filed 247,927 H1B petitions. China follows far behind India in second place with 36,362 petitions filed in 2017. The total number of approvals to date in 2017 are 197,129.

 

 

Published Date: Oct 17, 2017 11:22 pm | Updated Date: Oct 17, 2017 11:48 pm

[TampaChinnodu]

Quote

In its present form, the LCA asks the employer for location of the H1B worker but the new LCA proposes to dig much deeper. This is born of the gaps that have historically existed within the H1B model - where the H1B employer often ( not always, not essential) sub-contracts downstream which means there are often layers of people involved between the official employer - H1B worker and and the client who don’t figure in the paperwork.

H1 application resume ni , client daggara resume ni compare sesaru antey inka Assam train ekkalsinde andaru.

[Quickgun_murugan]

46 minutes ago, TampaChinnodu said:

H1 application resume ni , client daggara resume ni compare sesaru antey inka Assam train ekkalsinde andaru.

ee Idea evaraina ichara mari DOL n USCIS ki??

[tokkalogola]

9 minutes ago, Quickgun_murugan said:

ee Idea evaraina ichara mari DOL n USCIS ki??

kumar vuncle ddeni meeda Videos ee pampi untadu ..

[TampaChinnodu]

10 minutes ago, Quickgun_murugan said:

ee Idea evaraina ichara mari DOL n USCIS ki??

previously government departments data share sesukune vallu kaadu. chaala disconnect vundedi vallaki. so manollu oka range lo aadukunnaru system ni.  

vellu idi nijam gaa implement sesthe inka assam ee. 

[Piracy Raja]

[Quickgun_murugan]

42 minutes ago, tokkalogola said:

kumar vuncle ddeni meeda Videos ee pampi untadu ..

@KumarUncle sava dobbutunnadu ga...  negativity tho

[Quickgun_murugan]

41 minutes ago, TampaChinnodu said:

previously government departments data share sesukune vallu kaadu. chaala disconnect vundedi vallaki. so manollu oka range lo aadukunnaru system ni.  

vellu idi nijam gaa implement sesthe inka assam ee. 

hmm

[boeing747]

main ga mana desi mestri gallu gabbu leparu ee layer model ni

[Piracy Raja]

2 minutes ago, boeing747 said:

main ga mana desi mestri gallu gabbu leparu ee layer model ni

[princeofheaven]

1 hour ago, TampaChinnodu said:

H1 application resume ni , client daggara resume ni compare sesaru antey inka Assam train ekkalsinde andaru.

antha varaku vellakarledu USCIS , secondary employer lo client place fill cheste chalu Candidate client place lo kurchoni unte assalu nee control enti ani adugutaru

[TampaChinnodu]

13 minutes ago, princeofheaven said:

antha varaku vellakarledu USCIS , secondary employer lo client place fill cheste chalu Candidate client place lo kurchoni unte assalu nee control enti ani adugutaru

Employee-employer realtionship prove seyyatam ade kada ? already abuse sesesaru aa rule ni mesthri gallu. emails , status meetings, status reports theesukuntam thokka tholu ani.

[princeofheaven]

1 minute ago, TampaChinnodu said:

Employee-employer realtionship prove seyyatam ade kada ? already abuse sesesaru aa rule ni mesthri gallu. emails , status meetings, status reports theesukuntam thokka tholu ani.

this is different man this is going to be a new RFE secondary employer ie client details asking if there is one TCS CTS etc big vendors can keep this empty since they will have a project manager at the site but mesthris ki difficult as the H1B will be the only employee usually at one client place. Client place Pedithe employee employer relation mida rfe guarantee and also they are asking mesthri to guarantee that there is no citizen fired at client place or else client will bear the fine for violation. ee rule osthe clients also will not prefer eh1b

[Aakupaccha_caradu]

[TampaChinnodu]

6 minutes ago, princeofheaven said:

this is different man this is going to be a new RFE secondary employer ie client details asking if there is one TCS CTS etc big vendors can keep this empty since they will have a project manager at the site but mesthris ki difficult as the H1B will be the only employee usually at one client place. Client place Pedithe employee employer relation mida rfe guarantee and also they are asking mesthri to guarantee that there is no citizen fired at client place or else client will bear the fine for violation. ee rule osthe clients also will not prefer eh1b

Agreed. assalu ee clients entha mandi contractors ni hiring ani tracking start sesaru antey kashtam.

mesthri galla main danda ne connections use sesi FT gallani lepi contractors ni hire seyyatam .