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New US Employment-Based Visa Rule Creating Uncertainty for Employers

United States, 7th December: New US Employment-Based Visa Rule Creating Uncertainty for Employers– New US Employment-Based Visa Rule is Creating Uncertainty for Employers in USA

New US Employment-Based Visa Rule Creating Uncertainty for Employers.
New US Employment-Based Visa Rule Creating Uncertainty for Employers.

It may be worth noting that the US President-elect Donald Trump said that he shall investigate misuse of US visa program during his first 100 days in office.

And the new US ruling by the DHS(Department of Homeland Security) will become effective 17th January, 2017. Its going to be effective just three days before the Obama administration comes to an end.

Therefore, it shall be changing conditions for certain US employment-based visas.

“New US Employment-Based Visa Rule shall create increased Uncertainty for Employers in the  nation. “

It may be notable that the new US Employment-based visa rule will relax some employment restrictions on US High-skilled visa holders(like US H1B visas).

US high-skilled visa holders shall be able to change employment and also extend their authorized period of admission in the US. Further, it will also enable their family members to get work authorization in the US.

US H1B visas likely targeted by Trump—Donald Trump administration will be targeting US H1B visas for specialty workers. During his campaign, Trump spoke at length of investigating into US visa misuse. So, his administration may focus on issuance of US H1B visas and seeing if employers and employees comply with US visa terms(after the issuance of US H1B visas).

Under current US H1B visa rules, US H1B visas are granted to specialty workers after an employer submits the application to the US Department of Labor. The application must include a certification stating that the US H1B visa holder shall get paid at the current wage rage for those having similar experience.

Employers are required to have taken steps for hiring Americans for the job. They need to certify that the employer did not and will not be displacing any American worker.

The rule dated 18th November, 2016 announced by the DHS will get relaxed for increasing the portability of such visas. This could be the time limits on the visa and the requirements that the employee remains with the sponsoring employer.

Possibilities for employers of US Non-immigrant aliens with employment-based visas(when the new DHS ruling becomes effective)

  • Increased mobility for non-immigrant employees in the workforce;
  • Greater flexibility in hiring employees with such US visas;
  • Requests from foreign employees for assistance in adjustment of their immigration status;
  • Some flexibility in time limits and extensions of employment-based visas.

What can employers in the US expect after Trump administration comes into power

  • Inquiries with regard to status of employees working on employment-based visas;
  • Scrutiny of skill level of jobs held by US H1B visa holders and compensation to US H1B visa holders;
  • Requests for information pertaining to lack of available US workers for filling positions held by US H1B visa holders.


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