The Trump administration has announced new restrictions on H-1B non-immigrant visa programme which it said is aimed at protecting American workers, restoring integrity and to better guarantee that H-1B petitions are approved only for qualified beneficiaries and petitioners, a move which will affect thousands of Indian IT professionals.

The interim final rule announced by the Department of Homeland Security (DHS) on Tuesday, ahead of the US presidential election on November 3, will narrow the definition of “specialty occupation” as Congress intended by closing the overbroad definition that allowed companies to game the system.

It will also require companies to make “real” offers to “real employees,” by closing loopholes and preventing the displacement of the American workers. And finally, the new rules would enhance the department’s ability to enforce compliance through worksite inspections and monitor compliance before, during and after an H1-B petition is approved.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.

The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Such a decision by the Trump administration will have an adverse impact on thousands of Indian IT professionals. Already a large number of Indians on the H-1B visas have lost their jobs and are headed back home during the coronavirus pandemic that has severely hit the US economy.

According to the DHS, the interim final rule to be published in Federal Register will be effective in 60 days.

It said the US Citizenship and Immigration Services is forgoing the regular notice and comment period to immediately ensure that employing H-1B workers will not worsen the economic crisis caused by COVID-19 and adversely affect wages and working conditions of similarly employed US workers, it said.

The pandemic’s economic impact is an “obvious and compelling fact” that justifies good cause to issue this interim final rule, the DHS said in a press release.

The White House defended the move and said that the President is improving America’s work visa programmes to prioritise the highest-skilled workers and protect the American jobs and wages amidst the severe impact on the economy due to the coronavirus pandemic.

In a statement, the it said that Trump is committed to making sure the American workers are not disadvantaged by foreign labour.

“President Trump knows that H-1B visas should only be reserved for specialised talent that helps support a strong economy. For too long, this programme has been misused as an inexpensive labour programme, replacing American jobs in the process,” it said.

“These critical reforms will improve the quality of the H-1B programme without changing the annual statutory cap for H-1B visas. The Trump administration is closing loopholes that have allowed employers in the United States to replace American workers with low-cost foreign labour,” the White House said.