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US diplomat: No fundamental changes in H-1B visa program
28-Feb-2018

The H1-B visa programme has not experienced any elementary change, said a US diplomat, trying to relieve the anxiety amongst Indians, caused by recent changes made in visa processing policy.

USA' Mumbai-based Consul General Edgard D Kagan said, there is no change in the process of H-1B visas from the US Consulate in Mumbai.

"There is a sense in India that the changes in H-1B can have a big impact in India. We understand that and we have heard that message from the Indian government and recognized that it is important here," he said.

"We would ask Indians to recognize that this is not about India and it is not about US-India relationship. This is about a broader policy that affects countries around the world from an American perspective and therefore it is very important to get it right," he included.

The H1-B visa is a non-immigrant visa that permits US companies to utilize foreign workers in specialty occupations that require theoretical or technical expertise.

Last week, Trump administration announced a new policy that makes the procedure of issuing H-1B visas that much more difficult to those to be used as a resource at more than one third-party work sites. It is anticipated that this move will immensely impact IT companies of India and their employees.

Under this new policy, a company would require to prove that its H-1B employee at a third-party worksite has precise and non-qualifying speculative assignments in the area of expertise.

Kagan said, "Clearly, India is the largest single beneficiary of the programme. But I think when Indians look at H-1B and look at the changes of the programme they believe this is about the US-India relationship. But I can assure you from an American perspective that is not the case."

The American Consul General was responding to a question concerning over changes in the H-1B visa programme.

"There is a misconception about H-1B programme. People in India believe that H1B programme is about India. For America, it is a global programme. So H-1Bs are not just for Indians, it is a programme accessible and open to people from around the world," the diplomat said.

Further, he implied that the H-1B programme is seen as a universal program and the recent changes will ensure that the companies do not mistreat the H-1B visa recipients.

"So tightening of some of the procedures to make sure the people who receive the H-1B visas are being treated as they are supposed to by the companies. And also making it sure the programme is working as it was intended to work," Kagan said.

"To be fair, we have always looked very closely and made sure that there is no fraud and that the people meet the right qualification for the H-1B. There have been adjustments on how the programme is implemented and designed to ensure that there is no fraud and abuse in the US. But what media has focused is on changes having to do with how the petitioning process has been handled in the US."

He added, "However, we are not having details about it as we do not handle it at the consulate. But the continuing goal of the programme is that it works as it was designed to address the real needs in the US."