IT companies have already been issued H-1B visas. The process for filing for H-1B starts around April every year: TV Mohandas Pai
The decision of the US Citizenship and Immigration Services (USCIS), which is a part of the US Department of Homeland, to temporarily suspend premium processing for H-1B visas from April 3 has caused concerns across the domestic information technology (IT) sector that has braced itself for a more stringent immigration law in its largest market.
Even though such a move was taken by the USCIS earlier, too, the brouhaha over it is shriller this time because of the Trump administrations' protectionist stance. It has been done earlier to clear the backlog in the H-1B filings, including those for extensions or amendments. The facility for premium processing is utilised largely by those who are already in the US on these visas.
Information technology (IT) experts believe that the move would not have much of an effect on the sector. Here are a few things you should know about premium processing of H-1B visa.
What is premium processing of H-1B visa?
For an additional fee of $1225 per visa, premium processing ensures clearance in 15 days. Regular processing would take 6-8 months. The USCIS has suspended this facility for up to six months.
Why has it been suspended?
According to the USCIS website, "This temporary suspension will help us reduce overall processing time. By temporarily suspending it, we will be able to process long-pending petitions... there's also a significant surge in requests over the past few years".
What has caused the backlog?
Last few years have seen a dramatic rise in applications, and hence, processing time. So more and more companies are opting for fast-track processing. As per rules, USCIS is required to process extensions H-1B within 240 days. Rising premium processing has slowed down the normal H-1B processing time.
How will it impact Indian IT companies?
T V Mohandas Pai, Chairman of Manipal Global Education and former HR head of Infosys, believes it will have "minimal impact". He said it was more of an "irritation" than a setback. According to him, IT services companies have already been issued H-1B visas for the current year. The process for filing for H-1B starts around April every year. These visas are usually issued for three years. However, lately some of them are for just a year and so come up for renewal every year. "There is minimal impact and the world is not going to fall down. People can do videoconferencing." he said
Does it have anything to do with Trump administration?
No. It is an internal decision of the USCIS. One can, however, see it as a fallout of the new government's stand on immigration policy, which has compelled companies to go for premium processing. Pai said that any change in immigration law will take some time.
Sure, nothing drastic is going to happen?
"What drastic thing can happen? Are they (US government) going to cancel all the visas? They can't. Are they going to increase the salary of employees sent on H-1B visas? It cannot happen overnight. They will have to pass a law for it. It has to go to the Congress and many others. In the US, any suggestion to pass a Bill doesn't happen overnight. In India, a Bill can be passed in days. In the US, after a Senator or a Congressman introduces a bill, it has to be discussed. Then it goes to a Select committee and comes back. All this takes time. That is the time when all trade bodies come together and lobby," Pai said.
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