In a move that is set to hit the operations of Indian IT firms, the Trump administration has tightened its H-1B visa norms related to third-party worksites, setting the stage for tougher visa approvals and possibly shorter durations less than the customary three years.
As Indian IT firms typically locate their tech workers at one or more third-party worksites, the new provisions will more likely target these companies than American firms that directly hire H-1B workers specific to their own operations.
Issuing a seven-page policy memorandum clarifying existing regulatory requirements, ahead of the new H-1B filing season beginning April 2, the US Citizenship and Immigration Services said the step aims to strengthen protections to combat H-1B abuses.
The updated policy guidance is said to align with President Donald Trump’s “Buy American and Hire American Executive Order” and the directive to protect the interests of US workers.
“Employment-based petitioners who circumvent the worker protections outlined in the nation’s immigration laws not only injure US workers (e.g., their wages and job opportunities), but also the foreign workers for whom they are petitioning,” the USCIS said.
On the issue of possible shortening of approval duration, the announcement said, “While an H-1B petition may be approved for up to three years, USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship.”
The policy, which has taken immediate effect, says that for an H-1B petition involving a third-party worksite to be approved, the petitioner “must show by a preponderance of evidence that, among other things, the beneficiary will be employed in a specialty occupation, and the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period”.
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”. The new requirements will expect employers to provide more detailed documentation by providing contracts and itineraries for employees who will work at third-party locations.
While acknowledging that third-party arrangements may be a legitimate and frequently used business model, the USCIS at the same time spoke of the increased possibility of significant employer violations such as paying less than the required wage, benching employees and having them perform non-specialty occupation jobs when placed at third-party worksites.