H-1B change will need approval of Congress: Expert

Washington: Making any change in the H-1B visa programme, popular with Indian technology professionals, would require legislative action by the US Congress, an immigration expert has said.

“However, any changes would require either Congressional action, changing statutory requirements, or regulations that would trigger President Donald Trump’s prior executive order ordering agencies to rescind two regulations for every new regulation proposed,” said immigration expert Rebecca Bernhard, who is a partner at international law firm Dorsey & Whitney.

Although Mr Trump’s call for additional measures to combat fraud in this new executive order could be implemented more quickly, she said documented instances of fraud in the H-1B and other temporary visa programmes are quite low.

“Most employers that use the H-1B programme do so legitimately because they need the skills and talent of a particular worker, and those who don’t can be rooted out by the current anti-fraud provisions,” Ms Bernhard said.