De-globalization is a process of diminishing the interdependence and integration between two economic body basically the nations. This process is completely in contrast to globalization where there is a movement of goods, people and capital. for creating a better world benefiting both. As with the new rules which have been talked about in context of US Visa regime there will be some setback to the Indian firms. Impact of this new rule is considered to be very threateing for the country like India which has a big share in IT outsourcing activities. India post the IT bubble emerged as a significant player in the IT development. With respect to economic cycle of development India has taken a leap by booming in technology ahead of its manufacturing growth.
Provisions of the Durbin-Grassley bill would change existing law in the following ways:
1) Currently, the H-1B visa program is criticized for failing to protect American workers.
Under current law, only employers that employ H-1B visa holders as a large percentage of their U.S. workforce are required to pledge that they have attempted to find American workers before bringing in foreign workers. The Durbin-Grassley bill would require all employers seeking to hire an H-1B visa holder to pledge that they have made a good-faith effort to hire American workers first and that the H-1B visa holder will not displace an American worker.
2) The Durbin-Grassley bill would require that before an employer may submit an H-1B application, the employer must first advertise the job opening for 30 days on a Department of Labor (DOL) website. DOL would also be required to post summaries of all H-1B applications on its website.
3) The Durbin-Grassley bill would require that H-1B employers may not advertise a job as available only for H-1B visa holders or recruit only H-1B visa holders for a job.
4) The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.
5) Currently, so-called “job shops” hire large numbers of foreign workers on H-1B visas for short time periods to train and then outsource these workers offshore.
6) The Durbin-Grassley bill would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50% of their employees are H-1B visa holders.
7) Currently, the Department of Labor lacks sufficient oversight and investigative authority over the H-1B program.
8) The Durbin-Grassley bill would give DOL the ability to conduct random audits of any company that uses the H-1B program, and would require DOL to conduct annual audits of companies with more than 100 employees that have 15% or more of those workers on H-1B visas.
9) The Durbin-Grassley bill would give DOL authority to review employers’ H-1B applications for “clear indicators of fraud or misrepresentation of material fact.” Currently, DOL is only authorized to review applications for “completeness and obvious inaccuracies.” The Durbin-Grassley bill would give DOL 14 days to review H-1B applications, instead of the seven days currently permitted.
10) The Durbin-Grassley bill would give DOL more authority to conduct employer investigations and streamline the investigative process by, among other things, permitting DOL to initiate its own investigations and eliminating the requirement that the DOL Secretary personally authorize an investigation.
11) The Durbin-Grassley bill would require the Department of Homeland Security (DHS) to share with DOL any information in H-1B visa applications indicating that an H-1B employer is not complying with program requirements.
12 ) The Durbin-Grassley bill would strengthen existing whistleblower protections for the H-1B program and establish whistleblower protections for the L-1 program.
13) The Durbin-Grassley bill would authorize the hiring of 200 additional DOL employees to administer, oversee, investigate and enforce the H-1B program.
14) Currently, the H-1B and L-1 visa programs are criticized for making it possible for companies to hire foreign workers at lower wages and with fewer rights than Americans, in turn creating incentives for companies to avoid hiring Americans.
The Durbin-Grassley bill would require H-1B and L-1 employers to pay employees the prevailing wage to ensure employers are not undercutting American workers by paying substandard wages to foreign workers.
15) The Durbin-Grassley bill would require the government to provide H-1B visa holders with information about their rights.
16) The Durbin-Grassley bill would require H-1B employers to provide an H-1B employee’s immigration documents to the employee upon request.
These rules will definitely tighten the screws for the companies who outsource job or the middle level managers in IT sector especially the younger lot. The one who are already working in well settled jobs in US will have to prove their worth for the right fit for talent. This is one perspective.
The other perspective says that US is going through a phase which has change in leadership. Donald Trump is of the view that because of the foreigners who are working in US the US citizen is suffering there is a high unemployment rate which is not been accounted for. and hence there is a need to protect them. Fed on the other hand thinks that US growth is going optimum and has thus reduced the interest rate by 2.5. It says that the US economy will overheat. It needs to slow down. The innovative growth which drives the nation by new technologies is getting a push by the Indian IT support. There is a need of skilled people who should be able to adopt the technology there plays a crucial role where Indian comes into play.
Rest time will tell how the story will unfold and what impact it will actually bring in to the global economy, especially in times when India is facing a economic slowdown because of the currency measures.
Provisions of the Durbin-Grassley bill would change existing law in the following ways:
1) Currently, the H-1B visa program is criticized for failing to protect American workers.
Under current law, only employers that employ H-1B visa holders as a large percentage of their U.S. workforce are required to pledge that they have attempted to find American workers before bringing in foreign workers. The Durbin-Grassley bill would require all employers seeking to hire an H-1B visa holder to pledge that they have made a good-faith effort to hire American workers first and that the H-1B visa holder will not displace an American worker.
2) The Durbin-Grassley bill would require that before an employer may submit an H-1B application, the employer must first advertise the job opening for 30 days on a Department of Labor (DOL) website. DOL would also be required to post summaries of all H-1B applications on its website.
3) The Durbin-Grassley bill would require that H-1B employers may not advertise a job as available only for H-1B visa holders or recruit only H-1B visa holders for a job.
4) The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.
5) Currently, so-called “job shops” hire large numbers of foreign workers on H-1B visas for short time periods to train and then outsource these workers offshore.
6) The Durbin-Grassley bill would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50% of their employees are H-1B visa holders.
7) Currently, the Department of Labor lacks sufficient oversight and investigative authority over the H-1B program.
8) The Durbin-Grassley bill would give DOL the ability to conduct random audits of any company that uses the H-1B program, and would require DOL to conduct annual audits of companies with more than 100 employees that have 15% or more of those workers on H-1B visas.
9) The Durbin-Grassley bill would give DOL authority to review employers’ H-1B applications for “clear indicators of fraud or misrepresentation of material fact.” Currently, DOL is only authorized to review applications for “completeness and obvious inaccuracies.” The Durbin-Grassley bill would give DOL 14 days to review H-1B applications, instead of the seven days currently permitted.
10) The Durbin-Grassley bill would give DOL more authority to conduct employer investigations and streamline the investigative process by, among other things, permitting DOL to initiate its own investigations and eliminating the requirement that the DOL Secretary personally authorize an investigation.
11) The Durbin-Grassley bill would require the Department of Homeland Security (DHS) to share with DOL any information in H-1B visa applications indicating that an H-1B employer is not complying with program requirements.
12 ) The Durbin-Grassley bill would strengthen existing whistleblower protections for the H-1B program and establish whistleblower protections for the L-1 program.
13) The Durbin-Grassley bill would authorize the hiring of 200 additional DOL employees to administer, oversee, investigate and enforce the H-1B program.
14) Currently, the H-1B and L-1 visa programs are criticized for making it possible for companies to hire foreign workers at lower wages and with fewer rights than Americans, in turn creating incentives for companies to avoid hiring Americans.
The Durbin-Grassley bill would require H-1B and L-1 employers to pay employees the prevailing wage to ensure employers are not undercutting American workers by paying substandard wages to foreign workers.
15) The Durbin-Grassley bill would require the government to provide H-1B visa holders with information about their rights.
16) The Durbin-Grassley bill would require H-1B employers to provide an H-1B employee’s immigration documents to the employee upon request.
These rules will definitely tighten the screws for the companies who outsource job or the middle level managers in IT sector especially the younger lot. The one who are already working in well settled jobs in US will have to prove their worth for the right fit for talent. This is one perspective.
The other perspective says that US is going through a phase which has change in leadership. Donald Trump is of the view that because of the foreigners who are working in US the US citizen is suffering there is a high unemployment rate which is not been accounted for. and hence there is a need to protect them. Fed on the other hand thinks that US growth is going optimum and has thus reduced the interest rate by 2.5. It says that the US economy will overheat. It needs to slow down. The innovative growth which drives the nation by new technologies is getting a push by the Indian IT support. There is a need of skilled people who should be able to adopt the technology there plays a crucial role where Indian comes into play.
Rest time will tell how the story will unfold and what impact it will actually bring in to the global economy, especially in times when India is facing a economic slowdown because of the currency measures.
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