How changes to LCA will impact H-1B Workers?

Indian IT firms with a presence in the US may face talent issues owing to recent changes to LCA form for H-1B Workers. (Labor Condition Application) The proposed changes have become effective from 19 November 2018. These require the employers to offer comprehensive data regarding employment conditions of H-1B Workers.

The details such as short-term placements offering an estimate of total H-1B workers at the individual place of intended employment must be offered. This is if the workers are employed at work at 3rd party sites. A clear identification of similar secondary entities has to be offered, as quoted by the Hindu Businessline.

Kotak IT Services is of the view that Indian firms have been attempting to decrease the dependency on visas by hiring more local talents. However, the changes to LCA might still hurt them, it added.

There will be time and cost expenses on filling up the LCA obviously. The talent at entry-level is locally available. What is tougher is to find those at the senior level. The IT firms will have to explore alternative pathways such as subcontracting for the fulfillment of project.

The Trump administration meanwhile is trying to end the Work Permits for H-1B visa holder spouses. 2 Lawmakers have already tabled a legislation that seeks to forbid this move. Spouses of overseas H-1B workers are offered H-4 Visas.

The spouses of H-1B visa holders were offered Work Visas in the Obama era. More than 1, 00,000 women that include majority from India received H-4 Visas. In case these Work Visas are removed, it could result in the splitting of families. This is because spouses who are career-minded could prefer no not to accompany the partner to the US.

The times ahead are likely to be challenging for Indian IT workers in the US with H-1B visas.

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