H-1B Visa Changes may require Congressional action

Posted on: 22 Apr 2017  |   Tags: ,


US immigration experts are of the opinion that the new order of Trump on H-1 B visa will not be as smooth as some approvals in the Congress may be needed. In her latest statement, Rebecca Bernhard a well-known immigration expert said that the new executive order by the USA president to make changes in the H-1 B visa scheme will require either some actions by the US Congress or some new regulations by the agencies to trigger it. She made her statement after Mr. Donald Trump has ordered every department of the state, labor, homeland justice and security to judge the ongoing laws and fundamentals of the country and then to suggest some changes, giving priority to positions with high skill and wages.  

Rebecca Bernhard also said that H-1B visa which is very much popular among the Indian professionals requires a person to hold a bachelor degree certificate for the offered position in the USA. Additionally, she mentioned that what Mr. Trump is trying to do can be implemented quickly as the employers are already paying training and anti-fraud fees to the government and documented fraud cases for H-1B visa are very low.

Bernhard added that an employer who is applying for an employee H-1B visa completes all the legal steps because it really needs talent for that particular job position. She also said H-1B visa doesn’t work as a way to replace an American worker, but it actually helps to obtain access for a foreign worker in the country for some certain skilled jobs. Supporting the latest data report by the universities, she mentioned that 60% of the foreign students who are applying for H-1B visa are actually graduating from the USA itself and the rate of unemployment for companies with a requirement of H-1B visa is low than the other visa related cases of unemployment.

Continuing her statement, Bernhard added that most of the USA companies ask workers with H-1B visa not because the cost of a successful application is very high, but they also can’t find a suitable American worker to replace their requirements.

Marina Whitman, a professor at the Michigan University, mentioned that the hiring of workers from foreign countries on H-1B visa to support skill gaps of American workers are truly genuine, but to force them to train employees with lower wages than them is not fair. She added that according to Mr. Trump the new order may bring a suitable wage floor for the H-1 B visa holders who will be judged as a highly skilled professional.

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