In what could be a welcome relief for more than seven lakh Indian information services employees in the US, the Donald Trump administration might be backing away from a policy change that could have led to the exit of foreign tech workers out of the country.
According to a US media report, the US Citizenship and Immigration Services (USCIS) authorities said it was "not considering a regulatory change that would force H-1B visa holders to leave the country. "What we can say, however, is that USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6 year limit,” the agency told McClatchy, an American newspaper.
It added that even a change to the current rules would not necessarily mean forcing foreign workers out of the country and will have other provisions for extending the stay. “Even if it were, such a change would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead,” it added.
However, the agency said that it is committed to a thorough review of employment based visa programmes. “The agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American Executive Order, including a thorough review of employment based visa programs,” said USCIS.
The statement came days after reports emerged that the Trump administration was considering tightening H-1B visa rules that could lead to deportation of 7,50,000 Indians. The reported move had been opposed by both the industry and several lawmakers.
The reports had said it was mulling ending extensions for H-1B holders.
The USCIS was never considering such a policy change, he said adding that "any suggestion that USCIS changed its position because of pressure is absolutely false."
The National Association of Software and Services Companies (NASSCOM), a trade association of Indian information technology, had warned that any disruptive move on the visa front would be detrimental for both India and the US.
The H-1B programme offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers.
(With inputs from agencies)
