Is US tightening of H-1B visa rules for Indians justified?

Indian professionals aspiring to go to the US to work may now find it more difficult to get H-1B visas with Washington deciding on stricter screening following complaints of misuse of the facility.

Acting on the complaints, the US has adopted “fraud prevention tactics” to prevent such misuse. “We’ve added fraud prevention tactics. We’ve begun looking at other more standard fraud investigatory techniques that weren’t being used in H-1B that we are now going to employ. It includes things like sites visits and worksites visits,” Janet Napolitano, secretary of the Department of Homeland Security, said.

Testifying before the Senate Committee on Judiciary, Napolitano said over the last month, the Department has added some tools to rigorously enforce H-1B visa programme and prevent fraud.

Napolitano comment’s on H-1B visa programme came in response to a question from senator Richard Durbin, who along with senator Chuck Grassley, has introduced a legislation in the US Senate in this regard. Senator Durbin alleged that most of the H-1B visa fraud is being done by companies in India.

“The most outrageous abuses when it comes to H-1B visas include the fact that some major companies overseas, primarily in India, have successfully managed to marshal many of these H-1B visas and make a profit off them,” Durbin said.

“They charged the citizens of India coming to the US on H-1B visas and after three to six years, when they are to return to India, they charge to place them in companies which will then compete with the US,” he alleged.

Agencies

Will Microsoft layoff H-1B visa staff too?

Observing that the H-1B work visa programme helps hire the best available talent of the world, American software giant Microsoft has said H-1B visa holders has contributed significantly to its success. However, the company, which had recently announced to lay off some 5,000 jobs in the next 18 months, would be handing over pink slips to H-1B visa holders too.

Microsoft’s observation on H-1B visas and their significant contribution to its success was made by the company in a letter to senator Charles Grassley.

H1-B employees have always accounted for less than 15% of Microsoft’s US workforce, the level that is used in immigration law to determine whether a company is “H-1B dependent,” the letter said. The senator in a letter dated January 22 had sought information from Microsoft particularly about how its plan to fire 5,000 people would affect US workers and non-US citizens working for Microsoft. The Microsoft letter dated March 3 written by Bradford L Smith, its general counsel, has been posted on its website http://microsoftontheissues.com.

Agencies