US proposes not to issue the temporary business visa for H1B specialty

“Will the approach be successful in producing the desired result for India?”

The State Department has proposed not to give temporary business visas for H-1B specialty occupations which permitted several organizations to send their technological experts for a short stay to finish jobs on-site in the US – a move that could influence several Indians.

Less than two weeks ahead of the November 3 presidential election and it is likely to impact several Indian companies that send their technology professionals on B-1 visas for a short stay to complete jobs on-site in the US.

Well, the State department mentioned – On December 17, 2019, the Attorney General of California announced a USD 800,000 settlement against Infosys Limited to resolve allegations that approximately 500 Infosys employees worked in the state on Infosys-sponsored B-1 visas rather than H-1B visas.
If the foreign firm sought H-1B visas for its architects, it would be required to pay the prevailing wage for architects in the area of intended employment in the United States, presumably the same wage the US architects had been paid, and meet the other requirements enacted by the Congress to protect US workers.

Yet, under the B-1 in lieu of H policy, the foreign architects could ostensibly look for B-1 visas and travel to the US to fill the temporary requirement for architecture services, as long as they held a residence in the foreign nation and continue getting a salary, maybe fundamentally lower than what is standard for US architect.

The State Department said the application cycle for a B-1 visa does exclude comparable procedural necessities to secure the US workers like that of H-1B visas. Additionally, the charges for the B-1 visas are far not as much as that of H-1B visas.

According to the notification, the State Department estimates that this proposal will affect not more than 6,000 to 8,000 foreign workers per year, specifically alien companies intending to provide services in a specialty occupation in the US.

As per its estimate, up to 28 percent of the approximately 8,000 annual B-1 visa issuances under the B-1 in lieu of H policy were to foreign workers who applied for a visa to perform services in a specialty occupation for a smaller entity in the US.

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