New H-1B Visa Bill to remove workers from US.?

I guess a few of you should be concerned about the talk of the New H1B bill with 100k salary. Not to mention what President Trump plans to do the H1B Visa Program.  There’s already two New H1B Visa Bill under President Trump. I received a couple of emails asking about the new Bill and how that will affect this year’s H1B Visa lottery season. Read the link below for latest updates on New H1B Visa Bill.

Jesh Asks about H-1B Visa Bill

I heard that a bill was passed in the U.S Senate yesterday to remove the H-1B visa workers in the U.S. (The H1B Visa bill was not approved as of now).
If that happens, many of the Indian H-1B visa workers may lose their jobs. I just want to know whether it’s true or not. Because, I’m planning to apply for H-1B visa through a consultancy.

Is it true?

I’m actually collecting questions like this to start writing a series of related articles. What you heard is not true. You know how news get passed around, everyone tries to spice it up by injecting small versions of their story.

That’s what had happened to the news you heard. But the good thing is – there was a bill that was passed in the Senate yesterday about hiring H-1B visa workers.

However, the bill is not really about removing H-1B visa holders in the U.S.

Why a New H-1B Visa Bill

The U.S. The government is working a stimulus bill to spend $800 Billion to improve the U.S. Economy. Some of that money will be given to banks and other companies which are in trouble.

There is a huge list of companies receiving bailout money from the government. More than a dozen banks receiving the biggest rescue packages, total to more than $150 billion, requested visas for more than 21,800 foreign workers over the past six years.

The New Bill was aimed to prevent those companies from hiring H-1B workers since the bank bailout money was U.S. taxpayer’s money.

Details of  New H-1B Amendment

  • Yesterday, the new H-1B amendment was passed at the U.S. Senate, but with some changes. Here’s what the new rule says:
  • The New Rule didn’t bar the hiring of foreign workers, but the proposed bill seeks to ban the hiring of workers with H-1B Visa.
  • Any company receiving bailout money from the U.S. Government will become an H-1B dependent company. Usually, a company will be considered as an H-1B dependent company if more than 15% of its workers are in H-1B visa.
  • Any firm receiving TARP funds will be automatically considered as H-1B dependent, regardless of the percentage of H-1B workers on the payroll.
  • H-1B dependent has strict H-1B visa hiring rules to be followed, which include attesting to actively recruiting American workers; not displacing American workers with H-1B visa holders; and not replacing laid off American workers with foreign workers.
  • H-1B dependent companies have to make very, very strict non-displacement attestations for 90 days before you employ an H-1B worker and for 90 days afterward as well. If the employer finds any worker within this 90-day window before and after the H-1B worker is hired, then they are required to terminate the H-1B worker.

When will new Bill becomes law?

A bill becomes a law only after the President signs it. But before that, both the House and the Senate had to approve it. Yesterday, the said bill was approved by the Senate.

So still, there is a long way to go. The fate of this H-1B amendment rests on the fate of the stimulus bill before the Senate today, and if that’s approved, it will head to a conference where other changes are also possible.

Back to your Question

So the bill was to prevent companies that receive TARP funds from hiring H-1B workers. However, that news got a new shape to become a new law to remove H-1B visa workers from the U.S.

Well, certainly it is interesting to read such questions and how news get tossed around.

Note – Changes have been made to this H-1B Strict Hiring rule.

26 Comments

  1. Jack on April 3, 2017 at 11:09 PM

    All the illegals and phony H1Bs need to get the hell out of this country. H1B visa is meant for those who has special skills in any particular area, but the H1B visa has been misused by bunch of Indian crooks. They don’t have any special skills rather they fake their resumes and fool American companies. However, I have to admit that i have seen some very skilled people with good qualities who came here with H1B visa and i have no problem with them staying here. But fake H1Bs need to get out. Period.

  2. V on February 16, 2017 at 6:25 AM

    H1b Visa should only be given to people who come to the US for higher studies. Only F-1 Visa should be allowed to get converted to H1b.

    H1b is being misused. I have seen people on a tourist visa with a degree from unheard institution getting H1b visa. Then they get OJT training which is wrong.

  3. Yara on January 31, 2017 at 9:46 PM

    So what is the impact for the current F1 visa holders once they finish their studies???

  4. Kiranshalini on January 5, 2017 at 1:22 PM

    Majority of Universities here are running with Indian and chinese students. Texas university itself have 70% from not america.Many Illegal immigrants are here, Too many citizenships and greencards issued. H1b visa allows only a worker to stay 6 years , work and leave country. with which most of american corporations making money with having such cheap labour. Now instead of addressing greencards, citizenships, illegal immigrants restrictions on h1b is really bad. A businessman will be always a busninessman… they see only profit in what they day…if you dont allow cheap labour come inside country then the job itself will go away from country, thats what will happen eventually. now itself google,amazon,yahoo,microsoft have setup their campuses in india, china and slowly they will start becoming much bigger.

  5. John American on June 17, 2015 at 11:48 AM

    Please stay in India. We don’t really want you here. Wait until the next President, Likely Republican gets into office. No MORE OFFSHORING TO INDIA

    • Ronald on January 10, 2017 at 1:51 PM

      We are also gonna ban American products and buy Chinese instead. Would love to see you in the streets.

    • Sai on January 31, 2017 at 6:00 AM

      So, Who are Americans really? when this question comes, we can see the present America as a land of Migrants. am very very sorry, but I hope you understand my point or infact my question. try saying you want your jobs as citizens of America. it says your rights and it shows your voice with Auhority and will be accepted. Anyways I wish trump all the best. he is a nationalist and hope he remains nationalist for Americans, by Americans and to the Americans. (My pronunciation of Americans means all the Americans who hold American passport).

    • MANOJ VARMA on January 31, 2017 at 9:05 PM

      The thing is that a business man is always interested in making profits and if he can’t earn enough profits,he will find better ways or a better business.This bill will led to more outsourcing of jobs and rapid development in the field of cloud computing .While if the bill is approved,it may have short term benefits for locals(or it may seem ) but in the long term it is going to effect the economy very badly.Students from India will have second thoughts to purpuse their education in States(believe me their is decent amount of revenue from these guys as they pay various extra fees including out of state fee while working for a cheap labour on campus jobs) and H1-b employees who are more than willing work for less pay when compared to local guys(which is a good thing for employers) and pay greater amount of taxes compared to local guys.Soon this will led to employers in the quest of a better country where they can find better Human labour willing to work for less pay for their business and US companies are going to loose their competitiveness.You can just google India’s ISRO and I am posting few links to give you a simple example for this

      http://timesofindia.indiatimes.com/city/hyderabad/Hyderabad-Google-campus-will-be-huge-says-Pichai/articleshow/50212274.cms

      http://www.firstpost.com/business/is-telangana-the-new-california-of-east-apple-amazon-google-and-others-line-up-mega-investment-plans-2695324.html

      The Bottom line is Profit is the Life line for Capitalism

    • saurav on February 13, 2017 at 7:39 AM

      Trust me John, It will effect more to America’s economy where businesses will go to other countries because of manpower, businessman looks for profits.
      Let’s see how his policy is going to Impact people & business.

  6. Win on October 28, 2012 at 9:39 AM

    🙂 US runs from immigrants 🙂

  7. Ken on May 7, 2011 at 9:10 PM

    some employers and contractors pf misusing this and give bad name to h1b visa program. Most people are in favor of Durbin/Grassley bill 887. Who would be against reducing fraud and abuse other than employers and contractors that depend on fraud and abuse?

    • Sam on April 14, 2017 at 11:56 PM

      Just week before I was terminated by Indian company because my salary is high for them. Replace with half of my qualification h1b employee. I’m USA citizen and working in USA since 1999.
      I have been Indian company past 4 year with continues billing. Once come to bench they do not want pay high salary.
      If visa calling is high 130k they won’t do that. We support new rule the old visa rule was 1989. Indian it company miss using 90%. However I got better job. And going to support new rule with example of my case.
      I Already informed department of labor my situation. If they bring high skill and good experience I do not have any problem.

  8. abhay pratap singh on September 18, 2010 at 3:48 AM

    I have plan to persur my Phd from US.
    So m i victim of the new bill being passed by the Obama……..

    • Raja P on January 31, 2017 at 12:37 PM

      No. You may actually benefit. Think about it. If you can’t be had on H1B because someone does not want to pay $130k, he is free to sponsor you for a greencard and get you for the $60 k they were paying before. Now you can stay forver and job hop to get your $130 sooner than on H1B. There is a a bit of luck factor here; but seems to me that chances are better that you will either get what you eventually want sooner or someone will cough up $130 and make you rich even quicker! Good Luck buddy. Cheer up!

    • Raja P on January 31, 2017 at 12:37 PM

      No. You may actually benefit. Think about it. If you can’t be had on H1B because someone does not want to pay $130k, he is free to sponsor you for a green card and get you for the $60 k they were paying before. Now you can stay forever and job hop to get your $130 sooner than on H1B. There is a a bit of luck factor here; but seems to me that chances are better that you will either get what you eventually want sooner or someone will cough up $130 and make you rich even quicker! Good Luck buddy. Cheer up!

      • AR EMN on February 5, 2017 at 5:36 PM

        Hi Raja, 1st thanks for your info. But my curiosity is how somebody can sponsor me for green card even though i am on F1 and not getting H1B? I mean you said ” he is free to sponsor you for a green card” and there is my confusion. How that works?
        Looking forward to hear from You
        Thanks
        Emn

  9. sharon on April 2, 2009 at 7:42 PM

    do they know there is another system called L-1? Removing H1B won't prevent giant consulting companies from moving L-1 to US…

  10. Rani on March 26, 2009 at 1:12 PM

    Is there any chance of H1b's getting rejected when you go to India or some other country for stamping ?

  11. Bharghava on February 24, 2009 at 6:35 PM

    thanks for the input

  12. Dilip on February 24, 2009 at 6:25 AM

    I hav a plan of doing MS in U.S. in which VISA i wil be coming under? and if at all i do my MS wil i be able to work in U.S. I want a clear Idea about GRE scores and funding… Please anyone help me..

    • HSB on February 24, 2009 at 4:31 PM

      Dilip – You will get F1 Visa to come to US as student. Read article about GRE to understand more.

    • student on August 10, 2010 at 10:46 PM

      I am a victim of US H1-B policy. I did MS is USA and they didnt give my visa for H1-B,.

      • Sat on January 31, 2017 at 9:47 AM

        Why do you think you are Victim? Did some one ask to get US for education.
        We all hope tomorrow will be good , not always there might be a strom. Only difference is you are caught by a Strom called TRUMP. Do not blame Strom as it is (human) nature try finding better opportunities for yourself.

  13. Revathy on February 21, 2009 at 7:08 AM

    Informative blog… keep up the good job!

  14. Sarah on February 16, 2009 at 12:01 PM

    A commonly conveniently forgotten fact is that non-residents pay US taxes (at a higher rate than residents). We are footing the bailout bills too. The only real difference is that we can't vote.

  15. Sam on February 12, 2009 at 5:30 AM

    What will be the impact of this bill ( if it is signed by the presedent )on H1B workers already working in a H1B Dependent company?

    in our company we get the project extension for every 3 months, ones this bill becomes law, is it going to be difficult for us to get the project extension?

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