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H1B Visa: Companies Must Now Prove That US Talent Could Not Be Found

The US administration has tightened the H1B visa program further, requiring American companies to provide proof that they were unable to find American employees before hiring foreign talent.

A memo, issued by US Citizenship and Immigration Services, effectively buries H1B visa applicants in extensive paperwork. Employers in the US now have to provide specific details on worker responsibilities, including why they are required and where they will work.

The new process also requires workers to provide “detailed statements”, informing on the specialized duties the visa applicant will perform, the required qualifications, the duration of the job, and the hours to be worked.

The agency says its wants to make sure that the visa holders are not earning less money than promised and that they are not performing “non-specialty” jobs.

Every year, the United States allocates 65,000 H1B visas for highly-skilled foreigners, with an additional 20,000 reserved for overseas people with a US master’s degree.

American tech firms say the US has fewer skilled professionals and that the visa program is vital for the country to retain supremacy in the global technology market.

Even so, the H1B visa program has become a political hot potato, with President Donald Trump suspecting it is replacing American workers.

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The latest memo comes amid increasing raids on firms that are employing foreign workers with H1B visas. According to The Register, immigration officials are knocking onto the doors of many businesses to check whether the H1B staff they have on the books are in the right location and doing the roles they received their visas for.

Narayan Ammachchi

News Editor for Nearshore Americas, Narayan Ammachchi is a career journalist with a decade of experience in politics and international business. He works out of his base in the Indian Silicon City of Bangalore.


  • its a welcoming move by Trump Admin to curb h1 abuse. bodyshoppers and outsourcing companies gaming the system for a long time. Karma is a b itch.

  • This has been over due, just come to silicon valley and u will see pretty much desis only in IT, this needs to stop

      • this holier than thou attitude is what sucks, if the whites are trash, why r u here and how come the trash have built a better country than yours?

  • Long overdue, the quality of Indians in the US is not the best, but the worst among indians actually, most are not even from the Indian metros. Most Indian IT workers have no skills , leave alone specialized skills and Indians collaborate closely in bringing their friends on board making it hard for others who dont have such connections but have real qualifications.

  • Long overdue. The Indian companies have exploited this system putting in inexperienced and underpaid workers who are awestruck by the glamor of the US.

  • lax and fradulent h1b rules have been bad for india and usa. it only benefited greedy bodyshops who do nothing but process visa for anyone . in india it gave a myth that anyone can goto us and work as IT professional with help of these shops and fake education and experience . which fuelled multi billion useless college business and tech shops promising youth tall dreams . one whole gereration has been wasted

  • Please do not write derogatory and insulting comments in general about all Indian immigrants. Many who became immigrants (green card/citizen’s) are serving well in the country. The have earned respect both in companies and else where. Many of those are hardworking respect laws and in America for 20/30/40 years.

    It is Indian companies like (TCS/WIPRO/Infy/Satyam) and other body shops in both US and India exploited the system sent lot of cheap labor with no skill. Trump is exactly doing what it should have been done twenty years ago to vet those fake ones. So be respectful when you club everyone in the bandwagon.

  • Step in the right direction. H1B abuses are so rampant, there should be more stricter rules, as H1B holders should not be allowed in interview panel as well. They chose their Indian nationals over qualified american workers as favors or as to make them comfortable to work with their own kind. If they are so good why India is an undeveloped poor nation. As far as computer science, there have been virtually no invention coming from their nation. Only code copiers and Cheap labor.

  • so how will all Indian firms justify taking over the entire IT across many organizations and replacing citizens? I hope they the administration looks at this seriously and start cutting them.

  • You know, prior to 1990, India used to send us some pretty good people (like Chandra).

    The H1-B program workers consist mostly of Dalits with fake degrees and Homosexuals.
    I can understand why such people want to get out of India, but we don’t want them either.

    The worst people in the H1-B situation are the managers. They are arrogant, rude people
    who despise Americans even as they pay bribes to our politicians. The US government was
    already corrupt, before Indians started to arrive, making it worse. The evil persons in NASSCOM
    and their enablers in the RNC/DNC are a major reason why people voted for Trump.

    I am glad that there is an H1-B crack down. I only wish that thousands of people were arrested.

  • Endless H-1B has truly destroyed American tech just to make the rich ever richer! Look at various politicians – I am told that the governor of Illinois made his fortune through the H-1B system. The abuse goes on, and Trump is not doing enough – if fact, he is doing very little.

  • Greedy American corporations need to be fined heavily for their anti-American abuse of the heinous H-1B program. The lie that Americans don’t possess the necessary skills has always been the excuse to hire cheap, foreign labor.

  • Set the minimum H1B wage to US $100,000 per year. We will soon discover the true purpose of the H1B program.
    This is what I Remember about the H1B. “Our goal is clearly not to find a qualified and interested US worker.”
    Here it is.