H1B Visa Rules- Truth vs Hype

0

In the last week or so, there has been immense speculation and uninformed discussion on the changes supposedly being made to H1B visa rules. Most of the news which is circulating in News channels and buzzing on WhatsApp groups are all blown out of proportion.

There are mainly 3 news headlines, one is with regards to the 130K pay hike, an Executive order by trump clamping down on H1 visas, and about H4 EAD being cancelled, all these 3 have been mixed up, whereas all of them are separate unrelated news to each other. Let’s first Segregate these things.

1)130K pay Hike:

There is a lot of talk about how the minimum pay will be hiked to 130K for all H1b visa holders there by making it very difficult for a company to sponsor H1b visa to a new graduate or how existing H1b visa holders who have lesser pay may also be in trouble.

Truth About 130K pay hike: First things first, this 130K pay hike, is not a Executive order from President Trump but is just a bill proposed by a Democratic Congress woman Lofgren Zoe who represents 19th district of California. The main highlight of this bill is that it proposes a minimum pay of 130K for H1B dependent employers. Please read it again, the Pay hike is for employees of H1B dependent employers only, it does not apply to all H1B visa holders.

Who are H1 Dependent Employers?

A H1B dependent employer is one who has more than 15 % of the workforce on H1b visas. So, most of the American companies will not come under this category, The only ones who might come under this category will be Indian MNC’s who are outsourcing H1b employees from India.

Here is a snapshot from the summary of the bill which mentions this clause:

h1

Status of the Bill: Currently this bill is proposed by a democratic congresswoman and as democratic party is in opposition and in minority in congress the likelihood of this bill being passed is highly unlikely.

here is the link to the bill : https://www.congress.gov/bill/115th-congress/house-bill/670/text

and here is the summary of the bill :

https://www.congress.gov/bill/115th-congress/house-bill/670/text

2) Trump’s Executive order Leaked : There is also this news making rounds on trump clamping down on H1B visas, this probably is coming from the leaked Executive order (EO) obtained by Vox, Again this is executive order document is leaked and not yet officially announced and no one knows if at all this will see the day of light ever. Please note that the the above Pay hike to 130K is unrelated to this leaked document and there is no such mention of pay hike in this.

What does this leaked EO say? : This leaked EO is very general in nature and does not mention any specifics, it talks about how to improve the Immigration visa process to suit the national interest of the US and does not mention of reducing any H1b visa numbers, nor any changes to Lottery system. All it says about H1 visa is to identify a system to improve the allocation without any specifics. There is no talk of H4 EAD at all.

It orders a special investigation by Secretary of Labor to understand the extent of injury to US workers due to employment of nonimmigrant visa holders such as H-1, L-1 and B-1.

h11

Here is the link to the news published by Vox about this leaked EO:

http://www.vox.com/policy-and-politics/2017/1/25/14390106/leaked-drafts-trump-immigrants-executive-order
Status of the EO: No one actually knows if this EO will ever come out, and how authentic this leak actually is.

3) H-4 EAD removal:

There has been news also about the H4 EAD being revoked, this probably is stemming from the following news story: A group named “Save jobs USA” has filed a case in the United States Court of Appeals for the District of Columbia Circuit on January 11 2017 to revoke the H4 EAD.
They claim that the H4 EAD is creating job losses to the members of Save jobs USA and there is no protection for them. This is the second time this group is filing this case, the first time it filed was in 2015 and the court struck down their appeal in that case.

Now in response to the new case filed, the trump administration has requested the courts a time of 60 days in order to submit their brief in response the petition filed by “Save jobs USA”. Some news that the Trump administration has passed a motion to revoke H4 EAD is completely untrue.

Here is the link which gives more details no this:http://immigrationgirl.com/the-real-story-of-trumps-court-filing-in-the-h-4-ead-litigation/

No need to panic:

As of now, none of these have been passed or anything is ordered, So no one needs to worry or panic.

Vidyuth:https://twitter.com/followvidyuth

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.