H1-B Visa Insight

With just 12 days left to begin and end the process of H-1B Visa filing for FY2009, USCIS has proposed [PDF] new rules which will prohibit employers from filing multiple applications for H-1B visa, widely sought by Indian firms. Additionally, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicate petitions.

In a somewhat relief to students graduating from American Universities with a Master's or Higher Degree, USCIS has proposed that the first 20,000 Visas falling in the Advanced Degree Quota be processed. If the demand in this were to be higher than 20,000, then a system of lottery be adopted. Unsuccessful Candidates from the Advanced Degree Quota get a second chance to compete for H-1B Visa in the 65,000 cap [Regular Quota]. If the demand in this category is also higher than 65K, then successful candidates will be chosen by means of a lottery.

This is a blow to Indian consulting companies like Infosys, Satyam and TCS who are dependent on cheap Indian labor declining to hire Americans or international students graduating from American schools. TCS is least bothered as it has laundered the L-1 Visa program to the maximum extent.