Canada Immigration

H-1B visa rules that can affect your immigration to USA

Some recent changes have been initiated in the visa rules regarding migration to the USA. In the following article, we are going to provide you with information about the new restrictions and the effects of these changes. Applying for the visa would be easier when you have a thorough idea about the changing rules.

H-1B visa rules that can affect your immigration to USA?
H-1B visa rules that can affect your immigration to USA?

There are different types of visa choices depending on your reason of migration and the rules for each type of visa vary from each other. The H-1B visa is the type of visa that allows the US employers to employ workers from the foreign country in various speciality occupations. The US citizenship and immigration services have recently announced some amendments in these rules which have led to further restrictions on the employers in hiring people from abroad. The new changes made in the H-1B visa rules is likely the hit the IT companies the hardest since the employ a major number of foreign people.

What are the changes in H-1B Visa rules?

The new rule says that the H-1B visa can be issued to an employee only for the period of time in which he or she is working at any of the third party worksite. In this way, the tenure of the H-1B visa could be less than three years as well. Hence the usual tradition of using the H-1B visa for as long as three years at one time would get hampered.

  • The new guidance provided says that to get the H-1B visa petition that involves a third party worksite would be approved when the petitioner show the evidence that the beneficiary is being employed in speciality occupation.
  • Also, that employee-employer relationship is being maintained for the duration of the requested period is another factor enclosed in the set of clause.
  • The company who is employing the beneficiary must demonstrate that they have qualifying assignments in the specific field for the beneficiary for the entire length of the time,

When will be the amended H1-B Visa rules implemented?

These new rules are going to be in effect immediately. Those who are about to apply for this type of visa will have to apply for it based on the new rules. Those who have already enjoyed the benefits of the old H-1B visa rules and need to renew their visa would have to follow the new rule as well for this purpose. This has led to some major trouble for the IT employees in particular and the new rules have even led to non-approval of visa for a number of people working in the various IT companies.

The aim of these changes in H1-B Visa Rules

The government under Trump signed an executive order “Buy American, Hire American” that has asked the various federal agencies to suggest different ways in which they can ensure that the H-1B visa is being awarded only to the most skilled or the highest paid petition beneficiaries and not to everyone who is applying for it. This way the rate of immigration is being restricted by the American government in the recent times.


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