India's H-1B edge needs compliance

In light of escalating US scrutiny surrounding skilled worker visa fraud, Indian companies are feeling the pressure, as a significant share of H-1B visa recipients are Indian professionals. This situation demands that businesses strengthen their H...

BCCL
The Trump regime's focus on suspected fraud in the non-immigrant visa programme for highly skilled, specialised workers and the employment- and skills-based Green Card programme is unsurprising. The programme has been politically polarising since its inception in 1952 (H-1) and its revamp in 1991 (H-1B). J D Vance's refrain, 'US jobs for Americans, not foreign fraudsters', captures the renewed emphasis. Lack of success in Iran - as well as Ukraine - economic costs of the wars, approaching November midterm elections, and the scramble to burnish credentials for Trump's endorsement and the Republican presidential nomination have all pushed this long-standing flashpoint back to the forefront. Creation of the Task Force to Eliminate Fraud in March, led by Vance, has further sharpened that focus.

Announcement of investigations should prompt Indian firms to review their HR and compliance systems. Indians account for nearly 75% of all H-1B visas issued. So, any allegations will have a disproportionate impact on them. Companies with US operations must ensure that their practices are foolproof. While businesses are on the front line, cross-border mobility of skilled professionals is a vital socioeconomic element of India's engagement with the US. GoI should consider establishing an oversight mechanism - like the one it has for Gulf-bound workforce recruiters - to ensure that companies sponsoring non-immigrant US work visas adhere to the rules.

Assessments and studies of skilled worker demand project substantial growth through 2033. If India wants to continue to dominate this flow, it must demonstrate compliance. That will not drown out the political rhetoric. But it will keep Indian companies and workers on the right side of the law.
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