US tightens H-1B rules as H-2B visa draws fewer curbs

The Donald Trump administration is bringing stricter scrutiny to H-1B visa placements by third-party contracting firms, the Department of Homeland Security has announced. The new regulation targets companies, often called IT bodyshops,…

The Donald Trump administration is bringing stricter scrutiny to H-1B visa placements by third-party contracting firms, the Department of Homeland Security has announced. The new regulation targets companies, often called IT bodyshops, that handle payroll and immigration filings for foreign workers who then perform jobs for another firm. The DHS said the change aims to curb malpractice such as salary withholding and threats by staffing companies.

US tightens H-1B rules as H-2B visa draws fewer curbs

The proposal also revises eligibility for cap exemptions under the H-1B programme. Once published in the Federal Register, the DHS will accept public comments for 30 to 60 days.

The focus on H-1B has drawn criticism from commentators who note that the H-2B visa for lower-skilled nonagricultural workers faces no similar restrictions. Indian-American investor Vivek Wadhwa and immigration commentator James Blunt questioned why the administration is expanding H-2B numbers without additional fees or controversy, while making it harder for high-skilled workers to stay.

Indian Opinion Analysis

The DHS move renews a long-standing divide in US immigration policy. H-1B caps have been fiercely contested since the 1990s, with critics arguing that third-party placements depress wages and displace American tech workers. The H-2B programme, by contrast, is capped at 66,000 visas per year with a seasonal exemption, and employers must prove no US worker is available. The Trump administration's earlier 2020 H-1B rule requiring direct employer-employee relationships was blocked in court. The next step is the public comment period, after which a final rule could be challenged again.


Source: timesofindia.indiatimes.com

This brief was synthesised by AI from the source linked above.

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