Indian IT sector gives thumbs up to Biden H-1B visa curbs

The current US administration under president Joe Biden has removed a key regulation proposed by former president Donald Trump.

This regulation restricts the definition of “Specialty occupation” that comes under the H-1B Visa regime.

This long-awaited change comes as a relief for all the IT firms known for availing such visas to hire workers especially Indians. Here are some of the biggest takeaways of the day.

Biggest takeaways of the day: -

• S. court issued orders last year, blocking two Interim Final Rules
• DHS vacated regulation on Tuesday, which would have redefined H1-B specialty occupation.

The Department of Homeland Security (DHS) issued a final rule on Tuesday that removes an interim final rule (IFR) issued in October 2020, which has been vacated by a federal district court from the Code of Federal Regulations (CFR).

The H-1B visas allowed skilled overseas workers to travel to the US especially Indians. As part of his “Make America Great Again Campaign” Trump’s administration proposed several changes.

The US labor department had also delayed implementing a regulation raising the wage cap of prevailing H-1B & other visa wages from May 14, 2021, to Nov 14, 2022.

The U.S. District Court for the Northern District of California also issued orders blocking the two IFRs of the DHS & Labor department on December 1, 2020. It could have restricted the ability of US companies to hire foreign workers.

Now, with this new ruling, the labor IFR is no longer in effect. The court’s decision has been welcomed by most U.S. companies.

NASSCOM welcomed the court’s decision & said, “recognizes the importance of the high skill visa programs to the United States; and that the IFRs issued before did not hold legal statute”.

Now, millions of H-1B visa holders will be able to live the “Great American Dream” once again.

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