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Should You Be Worried About H1B Visas Under Donald Trump?

H1B

Ateeya Sandhu sits down with an immigration attorney, Mr. Dan Berger, to settle the heated debate on immigration restrictions regarding H1B visas under President Trump.

There are still heated debates and countless altercations about the H1B visas because President Trump highlighted this topic during his campaigning days. His plan of rescinding the H1-B visas brought in even more discussions about how the H1-B affects the economy of the United States of America.  

Mr. Dan Berger, an immigration lawyer, answers some common questions about the H1-Bs.

What effect will the immigration restrictions have on the U.S. economy?

As of now, no concrete immigration restrictions have been implemented. The main restriction right now is the travel ban which can possibly scare off international students from applying to U.S. universities and can also stop skilled workers from coming here.

Are immigration restrictions necessary to help generate employment of the native borns in the U.S.?

I believe that they are not needed beyond what we have now. H1B visas are used to fill jobs that are hard to fill, such as doctors or medical professionals in underserved areas.

How can visa misuses be checked?

Audits and site visits can help find those who are misusing the system, such as people who are not doing what is written in their petitions or not getting paid the salary written in their petitions.

What is the best way to strike a balance between national security and non-discrimination?

The simplest and most effective method is a screening of all people who come to the U.S.

Are the H1B visas misused in any way?

I do believe that some companies place H1B workers in jobs that are different from what is said in the petition or file the petition for an area with lower salaries and hence, end up placing the workers elsewhere.

For a worker, is it better to apply for the H1B or the L-1 visa?

The L-1 visa does not have a quota so it can be more secure.

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For more information about the H1-B visas, stayed tuned for the weekly publishings!

 

 

11 Comments

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  • The whole issue of H1b is being made to look evil intentionally by only a group of people. While I agree what has happened (people lost their jobs) is unfair, and an equally unfair things that has happened as an outcome of this is that, only the Indian companies has been made to look bad, while totally exonerating the American companies, who fired them in the first place. The American companies worked hand in glove with the Indian bodyshopping companies to help achieve better profit and probably to survive.
    The whole rhetoric is coming through Trump’s victory, which has given it an altogether different direction blamming not just Indian companies, but also leading to shooting of Indians and other race attacks.
    A lot of people forget is that these folks came to America legally and paid taxes, contributed to the Economy not only with their skills but also in other ways such as entrepreneurship, innovation, making school class rooms more diverse.
    A certain group of people are reaching out to the Whitehouse to enforce exclusivity of American land to white people from Europe and other places, and make it legally impossible for these folks from South Asia to settle here. These is already true and no one put up a case for these folks that they have to wait from anywhere 15 to 85 years to get a permanent status. Is this not discrimination? All those folks, who talks about illegal immigration don’t want to do anything for the legal immigrants, because it suits them in terms of vote bank. This is far bad than one may think about. Immigrants tends to work harder and bring in an enthusiasm, which generates jobs and create a positive atmosphere. A denial of this fact will only suite few opportunists already on top of the social ladder.

    • if the US was against Indians, nobody would hire any. I think the thing that chapped my hide the most was the impression that Indians were hired to take US jobs because they are so much superior and work so much harder. That is just complete rubbish. And you talk about whites, good luck being a white person applying to a mostly Indian team because your resume will go straight in the bin and they’ll hire some relative or friend from their own neighbourhood regardless of skill.

  • There is exploitation of visas, Companies want cheap labor, so they want more supply to reduce demand and suppress wages, Most of the Information Technology jobs are given to contracting consulting Companies by the corporates because they want to reduce cost and risk, These consulting companies take upto 30% margin and give some of the contracting jobs to sub-vendors, and most of their employees they import from India, most of the employees of Indian based consulting companies like wipro, Infosys, HCL, TCS, Cognizant give only average salary of 65,000 while American working for the same job they have to pay double, on top of that to get residential status Indian employees willing to work overtime whereas most Americans stick to 8 hour job, as a senior software engineer and an American citizen I find it very difficult to get a full time job, there are a lot of contracting jobs available with less pay.

    Since most beginner level Information Technology jobs are sent to offshore, Companies require 8+ years experience in most jobs with salary around 80k, most Americans quit looking for software jobs and work somewhere else, America shouldn’t surrender to the corporate interests but need to look for the well being of its citizens. When 60% of Americans have family income less than 50,000/year, it is absurd to let corporates abuse visa. I saw one lady saying immigrants created lot of jobs, that is true but H1b has dual intend but they can’t be entrepreneurs, their visa is employer dependent visa, so please stop confusing people to take away American jobs.

    My take is to stop abuse,all companies should post their Software/Information Technology jobs in a centralized government website, all Americans and legal immigrants should be allowed to apply, Government should monitor if Companies are falsely advertising just to cheat Uscis, then rest of the Information Technology jobs that they can’t find Natives should be given for bidding for H1b, bidding salary of H1b should be more than the maximum salary of an American doing the same job in same location, Companies that bids for more salary should get H1b, say example many Indian companies are master cheaters, theyll make secret agreement with their employees that we will pay you more salary but you have to give us back this amount every month, so those abusing companies shouldn’t be allowed to do business in Usa again

  • “H1B visas are used to fill jobs that are hard to fill, such as doctors or medical professionals in underserved areas.”….you really need to educate yourself on H1B visa and where they are widely used……..Indian IT Companies take away the vast pool and abuse it left and right…..your statement is based on total ignorance, lack of research

About the author

Ateeya Sandhu

Ateeya Sandhu

Ateeya Sandhu is studying International Relations at the University of Toronto. She is an avid reader who is extremely passionate about feminism, equality rights and social problems in India. An altruist at heart, she dreams of opening her own charitable organization one day.

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