H-1B visa changes imminent

October 14 2008 by Robbie Ragless

An internal report by the US Citizenship and Immigration Services (USCIS) has found as many as one in five H-1B visas are affected by fraud of technical violations prompting a call for increased restrictions.

The report found violations in 21% of 246 randomly selected H-1B visas including underpaid and working in other jobs than those they were hired for.

Many technology companies rely on the H-1B visa scheme, which allows companies to employ foreign nationals on a temporary basis, to fill roles that require specialized or technical skills. The US awards 65,000 H-1B visas each year, with a further 20,000 visas reserved for foreign workers with US graduate level qualifications.

Industry executives including Bill Gates have lobbied the government to increase the number of visas awarded, although the program has been criticized for giving jobs to foreign workers rather than to US citizens.

US Senator Chuck Grassley is sponsoring a bill to reform the H-1B scheme, which would pledge that they had made a good-faith effort to hire American workers first and that the H-1B visa holder will not displace an American worker. The reforms would also prevent the outsourcing of H-1B workers through employment agencies, and would increase scrutiny of applicants.

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