H-1B Visa reform bill has some takeaways for Indians

February 02, 2017 11:49 pm | Updated 11:50 pm IST

Are the fears of Indian students over the proposed H-1B legislation moved by California Congresswoman Zoe Lofgren unfounded and unrealistic? Will it be a blessing for the aspirational Indian techies and students if at all the bill takes the final shape?

Though there are diverse views, a closer look at the bill reflects that it may turn out to be beneficial to Indians in parts at least as it seeks to remove several numerical quotas per country in issuance of Green Cards and also wants to make Masters Degree mandatory for H-1B visas.

As Indians are the second highest foreign students on US campuses the proposals may definitely appeal to them. “In a way, these proposed changes may affect the IT companies that send IT graduates from India on cheaper salaries and work out positively for Indian students on US campuses,” argues Narsi Gayam, an alumnus of MIT and an education consultant who runs Promac.

Biggest scare

The biggest scare among Indians is the suggestion of a minimum salary of $ 1,30,000 for computer and mathematical professionals employed in H-1B dependent employers. The H-1B dependent employer is a company with 15% or more of its employees on H-1B visa. Moreover, H-1B holders who have already applied for Green Cards are not included in this. “It means a major section of Indians already working in US may not be affected at all,” says Balasubramanyam of Visu Academy.

In the present circumstances Green Cards for Indians are delayed due to quota system per country as citizens of any country cannot get more than 7% of the available green cards in that particular year. Indians being in the top two countries of immigration seekers can feel elated as the bill proposes to abolish the country quota.

The bill also argues for transparency to protect H-1B holders from blackmailing by the employers and also from liquidation damages. Mr. Narsi Gayam says job seekers are exploited by the consulting companies forcing them to pay damages if they move to a better opportunity. The proposed bill suggests more protection from such elements.

The suggestion of H-1B visa allocation on market needs rather than the lottery system is likely to enhance the chances of employment for students passing out from good schools with good academic track record. The present system doesn’t differentiate between students from good institutions or those working in good companies. Those from mediocre colleges also get luckier due to lottery system. “The salaries will improve and so are chances for meritorious candidates,” is the argument of a consultant.

Passionate students who prefer startups over big companies can also heave a sigh of relief as the Zoe Lofgren proposal reserves 20% of H-1B visas for startups with less than 50 employees. All said and done, companies, consultants and education advisers say the bill is being interpreted in several ways and it will take sometime before the intentions are clear.

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