New H-1B visa memo to have little impact on Indian IT firms: Nasscom

05 Apr 2017 Evaluate

After the US Citizenship and Immigration Services released new guidance that computer programmers are no longer presumed to be eligible for H-1B visas. The Indian IT trade body, National Association of Software and Services Companies (NASSCOM) has said that the United States government's new policy memo on H-1B visas is going to have 'little impact' on Indian IT firms as they have already started applying for visas for higher-level specialized professionals this year. The US Citizenship and Immigration Services (USCIS) in its latest policy memorandum said that companies applying for visas must provide “evidence to establish that the particular position is one in a specialty occupation”.

Nasscom said that the clarifying guidance should have little impact on its members as this has been the adjudicatory practice for years and also as several of their member executives have noted recently, they are applying for visas for higher level professionals this year. It added that the demand for additional evidence showing that the said job is complex or specialized and requires professional degrees mentioned in the memo has been the de facto requirement for years.

Noting that member companies provide skilled talent and solutions to U.S. companies, the industry body said that the H-1B visa system exists specifically because of the persistent shortage of highly-skilled domestic IT talent in the U.S. and its members will continue to provide skilled talent and solutions to fill that gap and keep U.S. companies competitive globally.

The US Department of Homeland Security on March 31, 2017 issued a policy memorandum with subject line 'Rescission of the December 22, 2000 “Guidance memo on H-1B computer related positions”' suggesting that the older provisions will be cancelled. In its policy memorandum, the USCIS mentioned that 'Based on the current version of the Handbook, the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation'.

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