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Desi techies breathe easy with H-1B relief

The current rule on H-1B visa extension allows Indian tech employees to stay on in the US while their Green Card application is being processed.

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Over 7.5 lakh Indian techies, currently posted in the US on H-1B visa and awaiting their Green Card, can heave a sigh of relief. The US Citizenship and Immigration Services (USCIS) official, on Monday, clarified that the Trump administration was not looking to alter regulations on extension of the employment visa.

The current rule on H-1B visa extension allows Indian tech employees to stay on in the US while their Green Card application is being processed. The prospect of a change in this policy compelled the lobby body of Indian information technology (IT) sector National Association of Software and Services Companies (Nasscom), US lawmakers and industry heavyweights to rally for a status quo. 

“(The USCIS) is not considering a regulatory change that would force H-1B visa holders to leave USA by changing interpretation of Section 104 C of the American Competitiveness in the 21st Century Act (AC21) statute that states that USCIS may grant the extensions,” said Jonathan Withington, chief of media relations at the USCIS. “Even if it were, such a change would not likely result in these visa holders having to leave the USA because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.”

However, the official added that US President Donald Trump’s ‘Buy American, Hire American’ campaign is likely to see overhauling of some rules — “The agency is considering a number of policy and regulatory changes…, including a thorough review of employment-based visa programmes.”

Last week, reports of the US government contemplating a new rule by which extension of H-1B visa of those who had applied for Green Card would be stopped had sparked fears of a mass return of techies to India. At present, after two extensions of H-1B in six years, if visa holder is a Green Card applicant, then the visa gets extended till it is processed.

A senior executive from the IT sector called the earlier report of US’s intention of tweaking the H-1B visas rules “rumours”. “First of all, the US authorities never gave that (on H-1B visa change) statement. There was a media report which said they (US authorities) may be doing it. Then, there is a media report which says they are not doing it. They are just rumours which are getting floated. (Now, the) rumours turned out to be false,” s/he said.

Ganesh Natarajan, the founder of 5F and chairman of the National Association for Software and Services Companies (Nasscom) Foundation, cautioned that the clarification should not mean Indian tech firms can breathe easy.

According to him, the Trump administration was “continuing to tighten the screw on all potential immigrants”.

“We have to continue to be watchful because this would be the fourth in a series of steps. Just because an official has clarified doesn’t mean that hurdles will not come. The industry must have a Plan B,” warned the former Nasscom chief.

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