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The potential 'Trump Effect' on Immigration

The potential 'Trump Effect' on Immigration

Almost 90% of the exit polls showed that Secretary of State Hillary Clinton would win the American Presidential election. However, President Elect Trump won the election with a significant majority.

What can be learned from this? That no statistical prediction model is 100% accurate, and that “Murphy’s Law” can go into effect at any time. 

From a H1-B Immigrant perspective the following policy issues need to be taken into consideration. 

1) Representative Darrell Issa (R, California) has introduced a bill which will increase the minimum wage from $60,000.00 to $100,000.00 for H1-B dependent employers. An employer who has more than 50 employees of which 15% or more are on H1-B is a H1-B dependent employer. This bill has a very good chance of passing now.

2) Indian Implementation Partners (IIP’s) can be charged up to 35% in outsourcing tax. They may also be subject to the $100,000.00 minimum wage requirement. This may result in layoffs of their H1-B employees due to lack of profitability and increase offshore employment strength.

3) Senator Chuck Grassley (R, Iowa) may try to introduce a bill to prevent L1 and H1-B outplacement by consulting companies and implementation partners. This will result in H1-B and L1 employees working in employer locations only and unable to work at end-client workplaces.

Senator Grassley has been trying to get this bill passed for the past few years and has been unsuccessful. With the Republican Party being a majority in both the Senate and House of Representatives the chances of the bill being passed successfully much higher now.

However, lobbyists from the Big 5 Consulting Companies and Indian Implementation Partners are now preparing to fight tooth and nail against this bill because it has the potential to result in end of IT consulting for big and small companies. 

4) L1-A Visas may become restrictive again. This can result in a smaller number of EB1 Green Cards being used. It may result in shorter timeframe to get green cards in EB2 category due to roll over from EB1 India to EB2 India.

Consider how situations can change in an instant. 

If your think that you may be subject to an imminent layoff or your employer is not filing your Green Card, you should consider an H1-B Transfer. If you to need to upgrade from an EB3 to an EB2 category, this is the right time to find a new employer with experience with the H1-B transfer and the Green Card processes. If you need help in this regard we request you to email your resumes to [email protected].

Press note released by: Indian Clicks, LLC

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