No H1B Visa caps in retaliation for data localisation:U.S State Department

6 min read
  1. The US state department has said the US has no plans to restrict H-1B work visas for countries that force international firms to store data locally.
  2. This statement came in the backdrop of a report which had said that the U.S. was considering capping H1Bs at 10-15% of all H1Bs for countries that had a data localisation policy.
  3. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in occupations that require theoretical or technical expertise.
  4. Dependents of H-1B visa holders get H-4 visas.The H1B is a temporary visa but is a pathway to permanent residency which is Green Card in the U.S.
  5. There is a mandated cap of 65,000 H1B visas under the general category and a further 20,000 for advanced degree holders.However, there are no country-wise caps for H1B visas.
  6. The US administration has taken several steps to tighten the rules on the H1B programme since U.S. President had signed the ‘Buy American and Hire American’ order in 2017.
  7. Some of these changes have focussed on combating fraud,such as through site visits and ensuring that the probability of higher qualified workers getting visas is increased.
  8. Other changes have made the H1B programme less attractive.For instance,an attempt to prevent H1B spouses from getting H-4 visa has severely alter family dynamics and the ability of foreign worker families in the U.S. to support themselves.

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