Qualifying for H1B Visa Likely to Get Harder for Foreign Workers, Here’s Why

H1B visa woes look far from over for foreign workers. If recommendations being suggested by the Department of Homeland Security (DHS) come into place qualifying for an H1B visa may get tougher. DHS has proposed to revise the definition of specialty occupation to ensure getting the “best and brightest” foreign nationals through the H1B visa program.

The proposal submitted to the Office of Management and Budget has also sought a redefinition of the employer-employee relation as well as employment to better protect US workers and wages. DHS says that it also seeks employers to pay better and appropriate wages to H1B visa holders. While the order is yet to come through and the impact it may on non-immigrant workers is difficult to ascertain as of now, immigration lawyers are of the view that qualifying for an H1B visa may now become harder.

Immigration lawyer Hendrik Pretorius, through a recent LinkedIn post, said that limiting H1B visas may in turn hurt US companies and the economy of the country. He said that the US Government must rather focus on encouraging US students to take up STEM-related careers. Furthermore, underpaying H1B visa workers is also not an option as it has been set by the Department of Labour.

In the last couple of months, Donald Trump, President of the United States, announced a number of measures to restrict foreign workers from coming into the country to “protect American workers and jobs”. However, a few relaxations were allowed last month. “Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification,” said an advisory from the US Government saying restrictions will be eased for such individuals.