Reformed H-1B and L-1 visa processes in the United States to lessen fraud and abuse in the immigration system while increasing transparency in the hiring of foreign workersA group of lawmakers in the United States have proposed reforming the H-1B and L-1 visa programmes in bipartisan legislation in an effort to increase transparency in the hiring of international employees while lessening fraud and abuse in the immigration process. The H-1B visa allows U.S. corporates to recruit international employees with specialist skills and knowledge, whereas the L-1 visa is authorised for professionals who are currently employed by a firm in another country and are resettling to a U.S. office.Major reforms in the ActSenators Dick Durbin and Chuck Grassley have recommended new wage, recruitment, and attestation requirements for employers who hire H-1B and L-1 employees. Companies will also be obligated to advertise H-1B job vacancies on the Department of Labor (DOL) webpage, and the DOL will be given the authority to charge a fee on labour condition applications in order to recruit an additional 200 DOL employees. The new proposals also emphasise the granting of H-1B visas for individuals with advanced degrees in STEM fields and change the definition of a “speciality occupation” to require a bachelors degree or higher. By establishing new time limits and documentation requirements for applications from a “new office,” as well as by requiring the Department of States involvement in assessing foreign affiliates, the Act also seeks to reform the L-1 nonimmigrant programmes.The Act aims to prevent outsourcing firms from abusing legal loopholes to replace skilled American workers with foreign labourers receiving low pay and working under harsh conditions. According to Grassley, the changes prioritise American workers and guarantee that these policies advance justice for all employees.Recent Layoffs of Indian ProfessionalsSeveral recent layoffs at firms like Google, Microsoft, and Amazon have resulted in the loss of thousands of high-skilled foreign workers employed in the U.S., including Indians. Since November of last year, it is estimated that up to 200,000 IT professionals have lost their jobs. According to industry sources, between 30 and 40% of them are Indian I.T. workers, many of whom are in possession of H-1B and L1 visas. Amidst this only the U.S. government is reforming its H-1B and L1 visa programmes.Spouses of foreign employees with H-1B visas can now work in the U.S. Along with the reforms in the legistlation, as per the judgement in a court, spouses of H-1B visa holders can now work in the U.S. District Judge Tanya Chutkan rejected a suit filed by Save Jobs USA, which sought to invalidate an Obama-era regulation that granted work authorisation cards to partners of certain classifications of H-1B visa holders.Amazon, Apple, Google, and Microsoft were among the companies that fought the lawsuit in favour of the existing system that allows their employees partners to work in the country. So far, the United States has granted nearly 1,00,000 work permits to spouses of H-1B workers, a great number of whom are Indians. Judge Chutkan stated in her judgment that the primary position of Save Jobs USA is that Congress has never authorised the Department of Homeland Security authority to allow foreign people, such as H-4 visa holders, to work while in the United States.According to the judgement, Congress has clearly and deliberately authorised the U.S. Government to authorise employment as a legitimate condition of an H-4 spouses stay in the United States. According to Judge Chutkans judgment, the Department of Homeland Security and its predecessors have approved employment not only for students but also for their spouses and dependents.In addition, the Department of Homeland Security has long granted work permits to partners of foreign government officials and spouses of workers or officers of international organisations, the judge stated in dismissing Save Jobs USAs lawsuit.
