The new H-1B policy memorandum is part of the effort by the Trump Administration to protect the wages and working conditions of both American and nonimmigrant workers and prevent any fraud or abuse, the US Citizenship and Immigration Services (USCIS) said.
The USCIS issued a new policy memorandum according to which a company would have to go an extra length to prove that its H-1B employee at a third-party worksite has specific and non-qualifying speculative assignments in a speciality occupation.
The H-1B programme offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers.
“The USCIS is simply clarifying existing regulations and policy for third-party worksite H-1B petitions,” its spokesperson told PTI.
“Based on USCIS’s experience in administering the H-1B programme, USCIS recognises that significant employer violations such as paying less than the required wage, benching employees, and having employees perform non-speciality occupation jobs may be more likely to occur when petitioners place employees at third-party worksites,” the spokesperson said.
“Therefore, in order to protect the wages and working conditions of both US and H-1B nonimmigrant 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 H-1B petitions involving third-party worksites,” the USCIS spokesperson said.