US proposes not to issue business visa for H-1B speciality occupations
Washington: The State Department has proposed not to issue temporary business visas for H-1B speciality occupations which allowed several companies to send their technology professionals for a short stay to complete jobs on site in the US, a move which could affect hundreds of Indians.
The proposal, if finalised, will eliminate any misconception that the "B-1 in lieu of H policy" provides an alternative avenue for foreign professionals to enter the US to perform skilled labour that allows, and potentially even encourages them and their employers to circumvent the restrictions and requirements relating to the H non-immigrant classification established by Congress to protect the US workers, the State Department said.
The move, made public on Wednesday, less than two weeks ahead of the November 3 presidential election, is likely to impact several Indian companies which send their technology professionals on B-1 visas for a short stay to complete jobs on site in the US.
On December 17, 2019, the Attorney General of California announced a USD 800,000 settlement against Infosys Limited to resolve allegations that approximately 500 Infosys employees worked in the state on Infosys-sponsored B-1 visas rather than H-1B visas, the State Department said.
"The proposed changes and the resulting transparency would reduce the impact of foreign labour on the US workforce of aliens performing activities in a specialty occupation without the procedural protections attendant to the H-1B classification," it said.
In its federal notification issued on Wednesday, the State Department said the US architecture firm seeking protection from rising labour costs in the country might believe it could lay off its US architects and contract for the same professional architectural services to be provided by a foreign architecture firm.
If the foreign firm sought H-1B visas for its architects, it would be required to pay the prevailing wage for architects in the area of intended employment in the United States, presumably the same wage the US architects had been paid, and meet the other requirements enacted by the Congress to protect US workers.
But under the B-1 in lieu of H policy, the foreign architects could ostensibly seek B-1 visas and travel to the US to fill a temporary need for architecture services, as long as they retained a residence in the foreign country and continued to receive a salary, perhaps significantly lower than what is customary for US architects, dispersed abroad by the foreign firm (or under the auspices of a foreign parent or subsidiary), the State Department said.
Under the Department's guidance, visas could be issued for multiple architects planning temporary work in the US in certain situations. However, a foreign employer may succeed in undermining the US immigration law and policy by rotating architects between the US and the foreign country to effectively fill the position of one US architect at a significantly lower cost, the notification said.
"If the architects who intended to perform skilled labour were "of distinguished merit and ability... seeking to perform (temporary architectural services) of an exceptional nature requiring such merit and ability, one might argue the current regulatory language suggests this type of labour is a permissible basis for B-1 non-immigrant visa issuance," the State Department said.
This potential outcome is harmful to the US workers and contrary to the policies of the Trump administration, it said.
The State Department said the application process for a B-1 visa does not include similar procedural requirements to protect the US workers like that of H-1B visas.
Also, the fees for the B-1 visas are far less than that of H-1B visas.
While Congress required H-1B employers to pay significant fees to fund assistance to the US workforce as well as prevention and detection of fraud related to skilled labour, employers are not required to pay comparable fees to employ skilled workers under the B-1 in lieu of H policy, it said.
According to the notification, the State Department estimates that this proposal will affect not more than 6,000 to 8,000 foreign workers per year, specifically aliens intending to provide services in a specialty occupation in the US.
As per its estimate, up to 28 per cent of the approximately 8,000 annual B-1 visa issuances under the B-1 in lieu of H policy were to foreign workers who applied for a visa to perform services in a specialty occupation for a small entity in the US.
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Mumbai-Pune Expressway ‘missing link’ to open on May 1; will improve travel safety: Shinde
Mumbai (PTI): Maharashtra Deputy Chief Minister Eknath Shinde on Sunday said the long-awaited ‘missing link’ on the Mumbai-Pune Expressway, aimed at bypassing the winding Bhor Ghat section and improving safety, will be inaugurated on May 1.
Shinde, who inspected the project site, said the new stretch will make the expressway fully access-controlled, easing congestion in the hilly section.
Chief Minister Devendra Fadnavis is likely to inaugurate the 13.3-km-long missing link, which connects Khopoli on the Mumbai side to Kusgaon near Lonavala, on Maharashtra Day, which is celebrated on May 1, he said.
The deputy CM said that 99 per cent of the project work has been completed. “I personally inspected the quality of work and found it satisfactory. The remaining minor works will be completed in the next few days,” Shinde said.
Shinde said the new alignment will bypass sharp curves and accident-prone stretches in the ghat section, helping reduce delays and improve commuter safety. He claimed accidents in the section would reduce substantially once the project becomes operational.
“The missing link project will make travel between Mumbai and Pune quicker, safer and more convenient, and will contribute significantly to the state’s development,” he said.
The Rs 6,700-crore project, developed by the Maharashtra State Road Development Corporation (MSRDC), includes two tunnels, high viaducts and a cable-stayed bridge over Tiger Valley.
The missing link will reduce the travel distance between Mumbai and Pune by approximately 6 km and shorten the journey time by 20 to 30 minutes, said officials.
Initially, only light motor vehicles and buses will be permitted on the new stretch to reduce congestion on the existing ghat section, officials said, adding that heavy goods vehicles will be prohibited due to safety concerns.
“There will be no toll hike because of the missing link project. No increase has been proposed at the Khalapur toll plaza either,” Shinde said.
The project comprises two eight-lane tunnels of 1.75 km and 8.92 km in length and two viaducts measuring 850 metres and 650 metres, said officials. It has been designed to bypass the old Khandala ghat section, a winding route that has long slowed down traffic and posed safety risks, said officials.
The 650-metre viaduct will feature what officials described as India’s tallest road cable-stayed bridge, with pylons rising to 182 metres, taller than those on the Bandra-Worli Sea Link.
Officials claimed that the tunnels have a width of 23.75 metres and are among the widest road tunnels in the world. An MSRDC official said the tunnel is likely to be included in the Guinness Book of Records.
The route runs beneath the Lonavala lake area and was executed in difficult terrain marked by heavy rainfall and strong winds, officials said.
Shinde said projects such as the missing link would boost access to tourist destinations such as Lohagad Fort, Visapur Fort and Karla Caves.
MP Shrirang Barne, former corporator Abasaheb Bagul, MSRDC Managing Director Anilkumar Gaikwad and senior engineers from executing agencies were present during the inspection, officials said.
Krishnamurthy Subramanian, executive chairman of construction and engineering company Afcons International Private Limited, said the journey to completion of “India’s highest road cable-stayed bridge” was challenging.
“The bridge, located in the Sahyadri region, presented extreme challenges, including narrow ridges that left little room for heavy machinery, sudden wind speeds reaching up to 100 kmph, and dense fog reducing visibility to a few metres. Despite these conditions, we are proud to deliver this engineering marvel,” he said.
The expressway, spanning approximately 95 km, holds the distinction of being India's first access-controlled highway.
