According to the H1B visa programme, a company is allowed to hire highly skilled foreign professionals to work in the United States – with temporary US visas.
Backing the new H1B visa policy memorandum, the US Citizenship and Immigration Services (USCIS) on Friday stated that the policy is to implement the Donald Trump Administration’s efforts to protect the wages and working conditions of both American and non-immigrant workers and prevent any fraud or abuse.
Earlier on Thursday, the USCIS issued a new policy memorandum, stating that a company now mandatorily needs to prove that its H1B employee at a third-party worksite has specific and non-qualifying speculative assignments in specialist occupation.
According to a USCIS spokesperson, “The USCIS is simply clarifying existing regulations and policy for third-party worksite H1B petitions.”
According to the H1B visa programme, a company is allowed to hire highly skilled foreign professionals to work – with temporary US visas – in areas with shortages of qualified American workers.
“Based on USCIS’s experience in administering the H1B programme, USCIS recognises that significant employer violations—such as paying less than the required wage, benching employees, and having employees perform non-specialist occupation jobs—may be more likely to occur when petitioners place employees at third-party worksites,” said the ISCIS spokesperson.
“Therefore, in order to protect the wages and working conditions of both US and H1B non-immigrant workers and prevent any fraud or abuse, the USCIS seeks to ensure officers properly interpret and apply the statutory and regulatory requirements that apply to H1B petitions involving third-party worksites,” he added.
Making H1B visa procedure tougher, the Donald Trump administration announced a new policy – which is expected to affect individuals who are employed at one or more third-party worksites, and to hugely impact Indian IT companies and their employees.
In a press release about the new policy memorandum issued on February 33, the USCIS said, “When H-1B beneficiaries are placed at third-party worksites, petitioners must demonstrate that they have specific and non-speculative qualifying assignments in a specialty occupation for that beneficiary for the entire time requested on the petition.”
And while the Trump administration’s move comes just over a month before the filing of the H1B visas for fiscal 2019, Poorvi Chothani, managing partner at immigration law firm LawQuest said, “The USCIS is broadly telling its officers that they must look at certain elements of an H-1B petition, which earlier was enforced at their discretion. USCIS’s scrutiny of H-1B petitions has been stringent in recent times and it is going to be more stringent now.”