Monday, April 16, 2012

INDIA CHALLENGING US ON H-1Bs


American employers are not the only ones frustrated with the US government's application of the H-1B program. The Government of India is launching a formal complaint with the World Trade Organisation over the US' "highly discriminatory" practice of denying H-1B visas and charging excessive processing fees. Rahul Khullar, India's trade secretary says that the Indian government repeatedly has tried to get a mutually amicable resolution to the twin issues.

In the last two years American companies have seen the highest denial rates of H-1B and L-1 visa petitions, despite the fact that there has not been any legislative change by Congress or change to the USCIS' regulations.

These denial rates come on the heels of a 2010 fee hike that doubled processing fees for companies who file large numbers of H-1B or L-1 visas. The processing fees are paid regardless of whether the visas are approved or issued.

H-1B visas are used by healthcare employers to hire healthcare workers in shortage occupations such as Physical Therapy, Occupational Therapy, Medicine, Speech Language Pathology, and some nursing specialties.

3 comments:

  1. It is abou time India goes after the US. These High fees are non tariff barriers and if the US is for FREE Trade, that means NO Tariff barriers.

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    1. Where does the Indian government get off telling the U.S. how it should regulate H1B visas or anything else, for that matter. Very likely, the high denial rates are commensurate with the degree of fraud and making up for years of lax or no oversight. Otherwise, how could that New York lawyer get away with falsifying an estimated 25,000 approved EB Visa applications? It's common knowledge that many Indian offshore companies are nothing more than Visa factories, and if anything, the rules need to be tightened to insure H1-Bs are issued only when absolutely necessary. That would shorten the wait time considerably.

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  2. H-1B visas are used by healthcare employers to hire healthcare workers in shortage occupations such as Physical Therapy, Occupational Therapy, Medicine, Speech Language Pathology, and some nursing specialties.

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