US Citizenship and Immigration Services (USCIS) director Lee Francis Cissna, said recently that he would be happy if there was a law in the US, that prohibited H-1B visa holders from taking jobs that could be filled by Americans.

“I would really love it if Congress would pass a provision prohibiting American workers being replaced by H-1B workers,” Cissna said, volunteering to draft it himself, immediately.

He said so at an “Immigration Newsmakers” event organized by the Center for Immigration Studies (CIS), a think tank known for its anti-immigration stance. The event was held in Washington DC, on August 15.

Cissna insisted that the immigration policy should not allow visa holders to take away jobs from Americans. Instead, he suggested that H-1B visas should be granted only to highly qualified workers, whom the US really needs.

“A simple fix, for example, just banning the ability of employers to fire American workers and replace them with H-1Bs,” he is quoted to have said.

H-1B Visa is a US visa given to foreign skilled workers, who wish to come to the US and work for a certain company. The H1B visa program, gives the opportunity to foreigners of areas, which require specialized knowledge to come to the United States and fill available jobs. It has been popular especially among Indians, who have been awarded with more than 70% of H1B visas.

Ever since the US elected Donald Trump as its 45th president, its administration has taken, proposed and warned actions regarding immigration visas. Under the America First and Buy American, Hire American policies, Trump administration has undertaken a few actions like, tightening H-1B visa rules and removing some of the privileges that come with such a visa.

On February 2018, the USCIS issued a memo with new rules on the requirements that the visa applicant and their employer both need to fulfill in order to be able to get the visa. The document pointed out several things that the employer must prove to the USCIS when they file an application for an H-1B visa applicant.

Among others, the employer has to submit proof that they will maintain work relationship with the employee throughout the whole duration of the H-1B visa. It also obliges the employer to submit detailed and specific documents as an actual signed work contract between the employee and the employers, as well as the employee’s itinerary with the dates of work and the places that he / she will be working.

At the same time, the Trump administration is also other looking to reverse the rules that allow spouses of H1B visa holders to get a job in the US through the H-4 visa programme.

However big companies like Microsoft and Facebook have protested these changes. The President and the Chief Legal Officer of Microsoft Brad Smith, lately said that Microsoft could move some of the jobs abroad if the widely-discussed warned changes for the H-1B and H-4 visas come to life.

Did you find this page helpful?
Yes No
Scroll to Top