U.S. to nix business visas for H-1B speciality jobs

The State Department has proposed not to issue temporary business visas for H-1B speciality occupations which allowed several companies to send their technology professionals for a short stay to complete jobs on site in the U.S., a move which could affect hundreds of Indians. The proposal, if finalised, will eliminate any misconception that the “B-1 in lieu of H policy” provides an alternative avenue for foreign professionals to enter the U.S. to perform skilled labour that allows, and potentially even encourages them and their employers to circumvent the restrictions and requirements relating to the H non-immigrant classification established by Congress to protect the U.S. workers, the State Department said. The move, made public on Wednesday, less than two weeks ahead of the November 3 presidential election, is likely to impact several Indian companies which send their technology professionals on B-1 visas for a short stay to complete jobs on site in the U.S. On December 17, 2019, the Attorney General of California announced a $800,000 settlement against Infosys Limited to resolve allegations that approximately 500 Infosys employees worked in the state on Infosys- “The proposed changes and the resulting transparency would reduce the impact of foreign labour on the U.S. workforce of aliens performing activities in a specialty occupation without the procedural protections attendant to the H-1B classification,” it said. But under the B-1 in lieu of H policy, the foreign architects could ostensibly seek B-1 visas and travel to the U.S. to fill a temporary need for architecture services, as long as they retained a residence in the foreign country and continued to receive a salary, perhaps significantly lower than what is customary for U.S. architects, dispersed abroad by the foreign firm, the State Department said. The State Department said the application process for a B-1 visa does not include similar procedural requirements to protect the U.S. workers like that of H-1B visas.