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Indian IT firms go ahead with applying for H1B visas despite the continuing uncertainty

Indian IT companies and service providers are likely to apply for H1B visas for the next fiscal year, which starts in October. Even though the lockdown and immigration restrictions were set by the two countries, IT companies still look forward to applying for the visas.

The Immigration lawyers said that clients were filing applications for the candidates who were selected by a lottery draw last month.

The H1B work permit is usually granted for three years only after the approval of United States Citizenship and Immigration Services(USCIS). Rajiv S. Khanna, managing attorney at has said that he does not see a greater impact in filings from his office. He also said that most of the workers are needed urgently and can work from home. He further added by saying that in order to continue the business continuity, these petitions are filed.

The situation in the USA is not so encouraging for the Indian companies since Trump has taken administration. The US technology companies are being favored compared to the Indian IT companies. In 2018, in the top 10 companies to receive visas, 8 were of US origin, such as Google, Amazon, Apple, Facebook. The rest 2 companies in the top 10 belong to Indian origin. Although, the Indian nationals account for 60% of the overall H1B visas issued in 2019.

Tech Mahindra said that it is planning to file the applications for selected candidates only after synchronizing with the processing time by USCIS. The company is also looking at the demand requirement in the USA and only according to that trend it is planning to file the applications. The Chief Executive officer of Tech Mahindra has said that the company is filing very few applications for the last few years.

While this is the situation with Tech Mahindra, Infosys and Cognizant did not comment on this visa issue.

Once the petition is approved, the Indian IT companies will be bound to the US rules. According to USCIS, there are no penalties for filing fraudulent petitions/applications. But the US Department of Homeland Security has said that there will fine or criminal penalties for such fraudulent cases.

Some companies are even looking to file the applications slower, almost nearing the deadline on June 30. Last month, a temporary suspension on the Green card approval has been issued by the Trump administration, with a provision to review non-immigrant visas within 30days.

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