'Misused' by Indian firms, B-1 visas may be overhauled

Following claims of misuse and fraud by Indian firms,a category of American business visas may receive a substantial overhaul by the US government, according to correspondence between the US Department of State and Sen. Chuck Grassley, a Republican from Iowa.

In a letter sent on Wednesday to Sen. Grassley, who has campaigned stridently against work visa abuse, the Department of State said, “We are in the process of discussing with DHS [Department of Homeland Security> removing or substantially modifying the B-1 in lieu of H guidelines, which State first proposed eliminating in a 1993 Federal Register notice. This change requires DHS coordination and may require Federal Register notice, thus it may take some time before the [sic> any change is implemented.”

In plain English, this means the US government is thinking about doing away with or substantially changing a provision of the Foreign Affairs Manual that allows companies to bring in foreign workers under a B-1 visa instead of an H-1B under certain circumstances.

The letter was written in response to correspondence that Sen. Grassley sent on April 14 expressing his concern about the reported B-1 fraud alleged in a lawsuit against Infosys by a current Alabama-based employee. The senator, who has co-sponsored legislation to reform US work visas in previous Congressional sessions, has long been interested in ensuring that Americans are given “first priority” for US jobs.

The letter from the state department also noted that the US government, has “taken concrete steps to combat illegal work performed while on B-1 status.”

These include additional questioning during the visa interview process, which has increased the refusal rate by 25% at one consulate in India. Fraud detection has also been stepped up and in the past year, the letter said, with five large employers suspended from the B-1 visa program because of fraud; people travelling into the US who claim to work for these companies are receiving extra scrutiny from immigration authorities.

Sen. Grassley appeared satisfied with the response from the state department. In a statement , he said: “It appears the B-1 visa program has become a subterfuge for companies wanting to avoid the cap and wage requirements of the H-1B visa, so it’s good to see the State Department acknowledge the need for greater fraud prevention in the visa approval process as well as changes to policies that incentivize employers to go around the H-1B program in the Foreign Affairs. The State Department’s efforts are a step in the right direction, but more work will be needed in this area to ensure the integrity of our visa programs. This includes the ability for the department to maintain accurate statistics that will help us understand how we can better close loopholes to ensure that American workers are given first priority for jobs.”