Explained: Impact of H-1B crackdown, role of other visa categories

Indian IT companies, heavy users of H-1B and L-1 visas, face fresh scrutiny as US policy tightens, raising questions on talent mobility and onsite project costs

 

The Indian IT services industry has come under the spotlight as the US government cracks down on H1-B visas. While the industry has benefitted the most due to the use of H1-B visas, it also uses other visa categories to send talent to the US.

 

H-1B

 

This non-immigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a department of defence (DOD), cooperative research and development project, or services as a fashion model of distinguished merit or ability.

 

This is the most common visa used by Indian IT service companies to send their engineers to the US to work for their clients. The tenure is for three years, and may be extended by another three years in maximum. The minimum salary is about $60,000.

 

H-4

 

This visa allows a H-1B visa holder to bring his or her dependents into the US.

 

L-1A

 

The L-1A non-immigrant classification enables a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the US. This visa for a manager or executive has a maximum validity of 7 years plus recapture time.

 

L-1B

 

The L-1B non-immigrant classification enables a US employer to transfer a professional employee with specialised knowledge relating to the organisation’s interests from one of its affiliated foreign offices to one of its offices in the US. This visa has a maximum validity of 5 years plus recapture time.   

 

L-2

 

Bring in dependents of L-1 visa workers.