Plan to expand the types of jobs not subject to the 85,000 annual visa cap draws fire.
The federal government is proposing major changes to the H-1B visa program intended to allow U.S. companies to hire foreign citizens with specialized skills, including expanding the types of work not subject to an annual cap., it leaves unanswered some questions about how the new rules might change the number of H-1B visas and who could receive them.
The visa, which employers obtain through a lottery on behalf of specific workers, has become a flashpoint in debates over immigration. Replacement of U.S. workers by visa holders, and efforts to shorten the lengthy path to a green card and citizenship for Indian workers — by far the largest group of H-1B recipients — have been
“A qualifying organization may have more than one fundamental purpose, mission, objective, or function, and this fact should not preclude an H-1B beneficiary from being exempt from the H-1B cap,” the proposed rule said. Hira noted that UC San Francisco in 2017 laid off dozens of U.S. workers as it outsourced IT work to an Indian company that assigned H-1B workers to the contract.
Again, Hira said, the agency did not provide estimates on how changing the definition could affect visa numbers and patterns of allocation.
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