March 26, 2017

H1B Visa New Rules : How it can Impact Your Career

H1B Visa : Understanding it :

What is a H1B visa?

The H1-B visa is a non-immigrant visa given by the United States to employ skilled workers from other countries for various specialised fields of occupation for a certain period of time.

What H1B visa programme Bill says ?

- The Bill prohibits firms from recruiting H1B visa holders employees if they employ more than 50 people and more than 50 per cent of their employees are H1B and L-1 visa holders.

- The Bill, on the other hand, encourages firms to hire American citizens. This provision would trammel outsourcing organizations that import massive H1B visa and L1 visa workers for certain training periods and then send these workers back to their home country to do the work of Americans.

- The legislation, if passed, is aimed to raise the minimum salary to US $130,000 from US $ 60,000, for those applying for H1B visas, which is set based on 35 percentile points over the median of annual wage for “Computer and Mathematical Occupations (Group 15-0000)”. Basically set at 85 percentile points. The key thing to note is, it only applies to H1B Dependent Employers. Also, eliminate the masters degree exemption for H1B Dependent employers.

- It expressly prohibits replacement of American workers by H1B or L-1 visa holders.

- The Bill seeks to give the Department of Labour enhanced authority to review, investigate and audit employer compliance as well as to penalise fraudulent or abusive conduct.

- In present scenario, firms need not go through extensive paperwork if the potential H1-B employee has an equivalent of a Master’s degree or higher and he or she is paid minimum of US $60,000 annually. 

H1B Visa top sponsors in US (2016) : 

  1. Infosys : 33,289
  2. Tata Consultancy Services :  16553
  3. IBM : 13,600
  4. Wipro : 12,201
  5. Accenture : 9,605
  6. Deloitte Consulting : 7,607
  7. HCl America : 6,110
  8. Tech Mahindra ( America ) : 6,041
  9. Microsoft : 4,575
  10. Igate Technologies : 4,553
  11. Ernst & Young : 4,163
  12. Google : 4,048

Source : The Hindu

How H1B visa will impact your career : 

Broadening the Gaps : 
Provisions are biased against H1B dependent companies and this is going to result in severe talent and compensation gaps in the industry.

Unemployment : 
The new H1B visa rule will impact thousands of Indian workers and their families, who wish to make a living in the US. Nasscom predicts hiring in IT and BPO sector to drop by 20% in 2017.

IT turmoil :
People employed in IT sector have a double-edged sword hanging on their neck, as automation is already taking away their jobs, and the new H1B visa rule will only add to their woes.

Global dreams on hold :
Experts suggest that it is best to forget about making a career in US for the time being, unless there is no other opportunity anywhere else in the world.


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