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NEW DELHI: The Trump administration’s ‘Unified Regulatory Agenda’ unveiled late evening on Wednesday has two key takeaways for the Indian diaspora.

After a protracted lengthen, the United States executive has said that it is going to publish via this month end, a rule that may rescind the correct to be had to certain categories of H-1B spouses to paintings. This will affect just about 80,000 plus Indian households, a lot of whom have a plan B able – reminiscent of migrating to another country or returning house to India, as was once covered via TreadDailyNews in its version of March 29.


The 2d primary remove relates to the strengthening of the H-1B paintings visa program, via revising the definition of ‘speciality occupation’, so as to download the ‘very best and brightest staff’. It also contains revising the definition of employment and employer-employee courting to higher protect US staff. In addition, the United States Department of Homeland Security (DHS) will suggest additional requirements designed to make sure employers pay suitable wages to H-1B visa holders. These agenda pieces are largely a repeat of the sooner fall agenda announcements, which was once analysed via TOI, in-depth in its version of October 19.

In the ones cases, where the H-1B holder is on course for a inexperienced card, the spouse (who holds an H-Four or dependent visa) can practice for an employment authorisation record (EAD), which is work allow. The draft rule to rescind the EAD program was once sent for evaluation to the Office of Management and Budget (OMB) on February 21, which has a 90-day time frame to approve it. A case filed via Save Jobs USA against the EAD program may be being heard via a Federal courtroom. Many immigration lawyers are sceptical of the month-end timeline that has been introduced. Greg Siskind, the founding spouse at Siskind Susser, has tweeted “Doubting that may occur that speedy. On the other hand, this can be a Memorial Day weekend so a 5 pm unencumber on Friday would not surprise me. It's nonetheless were given a protracted solution to move (including the courtroom).” Once the draft is made public, comments shall be invited inside of a 30-60 day time frame and litigation cannot be dominated out.

An H-1B, is a work visa for professional staff, in ‘speciality occupations’ that most often require a bachelor’s level or identical as a minimum requirement.

“The term speciality occupation is defined in the Immigration and Nationality Act, so a definition alternate cannot be brought about via mere agency law,” Rajiv S. Khanna, managing attorney at Immigration.com informed TOI.


Several court cases had been filed via companies or H-1B holders, where an utility reminiscent of for visa extension or H-1B transfer on alternate of employment was once denied at the ground that the position isn't a speciality occupation. “Unfortunately, the definitions of employment and employer-employee courting are not supplied in the statute. That definition may also be tinkered with. But to what level it may be redefined is still observed,” he provides.


Siskind perspectives that a alternate in the employee-employer definition will goal Indian staffing companies, it might also affect higher IT consultancy companies that position their H-1B workers at third-party shopper websites.


“The US executive does have more latitude in trying to power the H-1B employers to pay higher level wages, however regulations cannot be revised without rational foundations and attention,” sums up Khanna.


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