Changed H-1B visa norms don't mean much for India: Nasscom

Bengaluru The Indian IT industry body Nasscom on Tuesday said the clarifying guidance by the USCIS on eligibility for computer programmers under the H1B visa norms will have little impact on its members as the clarification has been the adjudicatory practice for yearsThe March 31 USCIS memorandum reinforces an existing practice by adjudicators and clarifies requirements for certain computer professionals said the National Association of Software Services and Companies Nasscom in a statement in BengaluruThe US Citizenship and Immigration Services USCIS On March 31 issued a clarification that computer programmers to be eligible under the H1B visa norms must prove that theirs is a specialty occupation Merely obtaining a computer degree may not be enoughComing just ahead of start of the new season for H1B visas for skilled workers it was largely seen as the tightening of norms by the US authorities for hiring computer programmers thus putting a squeeze on Indian IT companiesUS embassies the world over started accepting next years H1B visa petitions from April 3 Indian techies have been the biggest beneficiaries of the H1B visas obtaining about 70 per cent of such visas with companies posting thousands of employees to the USThis visa allows work in the particular area for six years extendable after that It is also the route to a US permanent residency or a US Green CardNoting that several of its members have applied for visas for higher level professionals this year the apex body said the evidence showed that the jobs were complex and required professional degreesOur member companies provide skilled talent and solutions to US firms The H1B visa system exists specifically because of the persistent shortage of highlyskilled domestic IT talent in the US the statement pointed outIndian IT companies would continue to provide skilled talent and solutions to fill that gap and keep US firms competitive globally it addedIn its policy memorandum the USCIS mentioned Based on the current version of the Handbook the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupationThe memorandum said A petitioner may not rely solely on the Handbook to meet its burden when seeking to sponsor a beneficiary for a computer programmer position Instead a petitioner must provide other evidence to establish that the particular position is one in a specialty occupationThe US Congress has set a cap of 65000 H1B visas per fiscal year Additionally 20000 such visas are given to those with Masters or higher degrees from the USAt the same time the immigration services have moved to detect H1B visa frauds in the US by taking a more targeted approach on site visits across the country aimed at finding out if employers were evading their obligations to make a good faith effort to recruit US workersToo many American workers who are as qualified willing and deserving to work in these fields have been ignored or unfairly disadvantaged says a press release issued by the USCIS on Monday adding that protecting American workers by combating fraud in our employmentbased immigration programs is a priority of USCISThe Immigration Services warned employers that they would not be allowed to abuse the H1B programme which it said affects US workers negatively decreasing wages and job opportunities a position that US President Donald Trump has often endorsed