Referring to the recent lawsuit filed against the federal government by the United States Chambers of Commerce, the National Association of Manufacturers along with multiple other organizations, Simon Peel formerly of Jitterbit, IBM, and Cast Iron Systems, thinks new rules announced by the Department of Homeland Security (DHS) surrounding H1B visas should be reconsidered.
The H1B visa is a non-immigrant visa that permits US companies to hire workers specializing in certain professions which require special expertise.
The DHS, in its latest interim final rule, said that the definition of “specialty occupation” for the H1B visa will be narrowed, purportedly to bar companies from bending the rules of the system.
The DHS claims the rule change will cause companies to make actual offers to real employees by averting ambiguities and precluding job displacement of American workers. Worksite inspections and compliance monitoring, before and after the approval of H1B petition, will be used to ensure the new rules are followed.
According to Simon Peel formerly of Jitterbit, IBM and Cast Iron Systems, the lawsuit was filed in Northern District of Columbia alleging that the proposed changes amount to ‘harmful and haphazard rules’, which, if kept unaltered, would not only impact the lives of thousands of America-based workers, but also undermine the ability of US manufacturers find, employ and retain the highly skilled talent they depend on.
Commentators are going so far as to say US companies will be ravaged if the rules are not changed. They say it will dampen investment prospects, shrink overall economic growth, and obstruct job creation in the US. With the pandemic already affecting millions of lives across the US, the need to hire high-skilled innovators to boost the economy has become even more crucial. The DHS’s seems to be implementing these laws in an accelerated way without considering the severe impact on the lives of thousands of people in the front lines of the fight against COVID, for example H1B VISA candidates who will be offering their services in US hospitals to save lives.
Expressing his thoughts on the lawsuit, Simon Peel formerly of Jitterbit, IBM, and Cast Iron Systems says that the US has always had a shortfall of highly skilled workers and has used the H1B visa program to fill that gap with talent from outside the US. Decreasing access to the skills needed to drive the American economy is counter-productive and will impact the ability of the US economy to recover from the current COVID crisis.