H-1B Visa
H-1B Visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with a certain specialisation that requires theoretical or technical expertise, to work in the United States for a specific period of time. The employee’s role typically requires a bachelor’s degree or equivalent since the occupations that qualify for the H-1B visa are usually in fields such as technology, finance, engineering, architecture and the likes. Technology companies depend on it to hire a multitude of employees each year from countries like India and China. US businesses submitted 780,884 applications for just 85,000 available slots, in the fiscal year 2021, exceeding by more than 60 per cent.
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US Presidential Candidate Vivek Ramaswamy's Stance
Indian- American Republican Presidential Aspirant Vivek Ramaswamy recently called the H-1B visa programme “indentured servitude” and vowed to replace the lottery-based system with admission based on merit, if he earned a seat in the White House in 2024. Ramaswamy himself has made use of the visa programme 29 times- US Citizenship and Immigration Services(USCIS) has approved 29 applications for Ramaswamy’s former company, Roivant Sciences to hire employees under H-1B visas, from 2018 through 2023.
"The lottery system needs to be replaced by actual meritocratic admission. It's a form of indentured servitude that only accrues to the benefit of the company that sponsored an H-1B immigrant. I'll gut it,” Ramaswamy said in a statement, emphasising that the US needed to eliminate chain-based migration."The people who come as family members are not the meritocratic immigrants who make skills-based contributions to this country.”
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Irrespective of Ramaswamy’s public stance, when asked about the mismatch in the Republican presidential's ambitious policy stance and his past business practices, press secretary Tricia McLaughlin said the role of a policymaker "is to do what's right for a country overall: the system is broken and needs to be fixed."
"Vivek believes that regulations overseeing the U.S. energy sector are badly broken, but he still uses water and electricity," she said in a statement. "This is the same."
Mr Ramaswamy, himself a child of immigrants, is now in the headlines for his restrictionist immigration policy agenda. He even emphasised on employing military force to secure the border, and said that he would also deport US-born children of undocumented immigrants.
Ramaswamy’s stand on H-1B visas reminds one of the 2016 Trump campaign, wherein Trump had also hired foreign workers under H-1B visas for his businesses, and supported rigid policies and ideologies for these foreign workers- Trump had temporarily suspended new work visas and blocked hundreds of thousands foreign workers from US employment to limit the number of immigrants in the US, before, later, softening his rhetoric.
What Does It Mean For Indians
The US , every year, gives 65,000 H-1B visas that are open to all and 20,000 to those with advanced (Masters or higher) US degrees. However, if the employer sponsoring you is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization, the visa cap won’t apply.
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Indian-American Congressman Raja Krishnamoorthi, in July had introduced a bill to double the annual intake of highly skilled foreign workers on H-1B work visas coveted by Indian professionals. The bill also sought to double the number of H-1B visas available annually from 65,000 to 130,000 to allow American employers, to draw the best from around the world. At the moment, an estimate of three-fourths of H-1B visas go to Indian professionals.
Although Indian immigrants can find a new job when on B1/B2 visas, it is not permissible to engage in any kind of employment. When someone on B1/B2 visa gets a job in the US, they will need to get a work permit first. "If you are in B-1 or B-2 status, please remember you may not engage in employment within the domestic labour market (also known as 'local labour for hire') while in B-1 status or engage in any employment while in B-2 status," the USCIS stated in one of the tweets.The latest rule dictates that a B1/B2 visa holder will have to change their status to an employment-authorized status when they get employed in the States.
