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US makes it tougher for companies to employ fresh foreign workers under H-1B

A new set of restrictions on the H1-B labour application process underway that would require the US companies to disclose the total number of foreign employees working with them, making it tougher to sponsor fresh foreign workers. The new information required by the Department of Labour is significant because before sponsoring a foreign worker for the H-1B visa, the company needs to get its labour application approved by it.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in jobs that require theoretical or technical expertise. H1-B visas are popular among Indian IT professionals. The Trump administration’s Buy American and Hire American executive order has resulted in tightening of visa norms.

The employing companies will be required to submit a Labour Condition Application form with details about H-1B worker employment conditions, including disclosing all places of employment for H-1B workers, including periods of short duration and providing the estimated number of H-1B workers at each place of intended employment.

The company will also have to mention the secondary entities using H1-B visas. Under the new forms, employers also need to give an estimate of the total number of foreign nationals already working at each location listed in the application.

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