Proposed US Immigration bill may impact Indian IT companies

May 12, 2013

The upcoming Comprehensive Immigration Reform Bill which is yet to be signed into law by the US President has proposed eight killer provisions which may prove to be detrimental to the interests of major Indian IT companies and professionals.
What are main killer provisions?

Ban on client site placement for H-1B workers: Any H-1B dependent employer (a company with more than 15 % of its workforce on H-1Bs), would be prohibited from placing H-1B workers at client sites or contracting for the services of those workers.
New restrictions on client site placement for L-1 workers: An Indian IT Company would not be able to place L-1 workers (whether specialized or managerial) at client sites (the US company) unless the company supervised and controlled those workers and the parent US company attests that for 90 days before and after the L-1 petition filing it had not laid off any employees in the same area performing similar job duties.
Limit on total percentage of H-1B and L-1 Workers: There will be a hard limit on the percentage of H-1B and L-1 workers that could make up a company’s workforce in the US.

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