Is The H1-B Visa Festival Finally Going To End ?

H1-B Visas are a tricky subject. They are given out in a limited number per year (65,000 is the cap for 2017) and are sought by corporations in order to bring in what is considered specialized labor which cannot be found locally.

There are several restrictions associated with the application process....mostly designed to prevent the H1-B visa worker form taking over the jobs of US workers.

The problem is that there have been numerous cases where workers have been exchanged against a (presumably) lower paid worker who was brought in with a H1-B visa.

The practice has been always been viewed with disdain but it looks like there are a few things happening which might limit the appeal of H1-B visas in the future...or at least it won't be that easy anymore to exchange workers on a 1 to 1 basis.

One meaningful change to the law which is in the works is that workers will be able to contest their firing if they believe they are being laid off and being exchanged with a H1-B visa employee.

This is what seems to have happened at Abbott Labs in April 2016.  Apparently 150 tech employees were let go  and on the way out were asked to hand over their security credentials to newly incoming H1-B workers.

Of course every employee had to sign a Non Disclosure/Disparaging Agreement in exchange for severance....so details are hard to come by.

For more details read: Abbott labs lets 150 people go

One employed though did not sign the agreement and is speaking up. Consequently it now looks like some politicians  have picked up on the issue and are going to strengthen regulatory oversight.

Given the current political climate this should hardly come as a surprise.

Given the abuse in the H1-B program additional regulation might be a really good thing.

Regulations of course might not do the trick if the abuse is fraudulent.
Fraudulent abuse like the one initiated by Infosys and fined in 2013  is obviously much more serious than misuse and might deserve more scrutiny.

For More information read: Infosys pays record 34 Mio fine for immigration fraud

At the end of the day it will require a combination of better regulations and enforcement of existing laws to plug the hole through which the system has been abused. Corporations need access to talent and hopefully revisions to the law will not change that. At the same time US workers should also not be shortchanged...so let's hope that lawmakers will strike the right balance.