As part of an increasingly strained trade dispute with India, Trump administration officials threaten to limit the number of H-1B visas, professional professionals from India can accept. But the Trump administration has a unilateral power?
“The United States has told India that reminds the setting up of the H-1B working visa to countries that force foreign companies to store data locally … extending the ranks of both countries in tariffs and trade,” Reuters reported.
On June 15, 2019, India responded to the United States with rates on US aircraft. small. imports, including apples and finished metal products, after the US. excluding India’s trade benefits under the General Preferences System, according to the Washington Post.
Two senior Indian officials said on Wednesday they briefed a week ago in the US. The government says it will have H-1B visas made each year for Indians between 10% and 15% of the annual amount. There is no country-specific limitation for 85,000 H-1B work permits granted annually and approximately 70% to India.
The two officials say that the plan has been linked with a global emphasis on “localization data” where countries place restrictions on data as a way of controlling the potential and potentially overcoming the power of international companies. U.S. the company has been involved in data localization rules throughout the world.
Industry sources from Washington claim to India-U.S. negotiations also say that the United States considers restricting the number of H-1B visas in response to global data storage regulations. However, the move is not only done in India, the source said. “The proposal is that there are countries that do data localization, then the visa (H-1B) will be limited to about 15% of the quota, discussed internally in the U.S. government,” he said.
In the Financial Year 2017, Indians, employed by various entrepreneurs, receive 63% of H-1B’s demands for work in the United States, according to US Citizenship and Immigration Data (USCIS).
The initial case starts with an annual H-1B limit of 65,000, and there are also 20,000 individuals with a master’s degree or higher than the US university. Reducing annual rates for India from more than 60% to 10%, up to 45,000 less India a year will get H-1B instructions each year, according to the National Foundation for the American Constitution.
I know an immigration lawyer that Trump’s government has the type of legal style that has been threatened with the determination of an H-1B Indian visa.
“It’s no surprise you’ve discussed the U.S. Citizenship and Immigration Services. “But the law does not allow relaxation to do so and must find another place for use.”
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Melmer is not alone in this view. “The Trump Administration has no power to distinguish it from India,” Cyrus Mehta’s immigration lawyer said in an interview. “Congress has been reforming the legislation to provide H-1B visas for India, but now does not allow the government to discriminate against certain countries in the annual H-1B limit.
It is very difficult for the administration to take amendments to Congress on how Congress has polarized and two houses controlled by different parties. ”
Mehta also shows the downgrade of the H-1B visa level will violate the U.S. commitment to the General Trade Services (GATS) to provide at least 65,000 H-1B visas each year. (See the National Foundation for American law legal analysis for more about GATS and immigration.)
“There is an administrative possibility that uses the same power that allows travel restrictions,” said William Stock, founder of Blasko Immigration Law Partners, LLP, in an interview. He states that Section 212 (f) of the Immigration and Nationality Law restricts the President to determine the category of foreigners and relent to the country if participation