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US H-1B visa restrictions to end in two years
WSN Network

WASHINGTON: Raising hopes for thousands of affected Indians expatriates, the US government's controversial decision to restrict companies from hiring skilled foreign workers with non-immigrant H-1B visas will continue for only two years, the U.S. Immigration Department has said.

As part of the stimulus package passed last month for revival of the economy, President Barack Obama signed a new law, titled the "Employ American Workers Act" (EAWA), which makes it difficult for the companies having received government bailout funds to hire H-1B foreign workers.

However, the US Citizenship and Immigration Services (USCIS), in a circular issued with its invitation of H1-B applications for the next year, made it clear that the Act’s requirements are not permanent and would "sunset two years from the date of enactment."

The new law has created an uproar among Indian IT professionals, as they form the majority of foreign workers going to the US on H1-B visa to work in IT-related functions at banking and financial services firms.

USCIS said that it was revising its application form for non-immigrant workers to include a question asking whether the petitioner employer had received covered funding.

Meanwhile, the USCIS will accept petitions for the H-1B work visas on the first five working days beginning April 1, but would subject the applications to various terms and conditions related to Act.

Total such visas to be issued in the fiscal, beginning October 1, would remain capped at 65,000. Besides, USCIS would also consider the first 20,000 H-1B petitions filed on behalf of foreigners who have earned a US masters' degree or higher education.

25 March 2009
 

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