Are you ready for more W2 employees on your pay roll? Wait….if you are a H1 dependent company, be ready for huge employee attrition and change of jobs. The proposed changes has the potential positive impact on 200,000 non immigrant skilled workers. The regulations and policy changes are still in early stages, we have analyzed the pros and cons of proposed work visa and greencard related change in policies for tech staffing and consulting companies.

EAD for H4:

Pros: Around 100,000 H4 candidates may be eligible to get EAD, and many of them may be qualified and available for tech jobs, so there is a new pool of direct hire candidates.

Cons: This may limit the flexibility of current H-1B employees. If a husband and wife are currently on H1, one of them may convert to H4 to take advantage of EAD.

Since this option is only available for spouses of H-1B candidates who are currently in the GC process, many of them will rush to file for a Green Card. Employers who are not sponsoring Green Cards may face difficulties retaining employees who are in this category.

Unused immigrant Visa quota – Recapture

Proposals to recapture unused employment based immigrant visas will bring most of the EB2/EB3 applicants to current date with a potential change of employment in next 6-12 months. Also, the flexibility of a job change for I-140 approved candidates’ will also trigger the change of employment.

OPT Extension

Current OPT duration for STEM graduates may likely be extended from the current 29 months. 128,591 OPT applications were approved in 2013, which is higher than the annual H-1B cap. This may take some pressure off international students who are trying to get into the H1B quota.