The Trump government has announced a new policy that makes the H-1B visa process very difficult for those who will be working at one or more third-party work locations, a decision that will have a huge impact on Indian IT companies and their employees. Staff members.
According to the new policy, the company has to go a step further to prove that its H-1B employee on an external job site has speculative, specific and ineligible assignments for a skilled profession.
The H-1B program provides temporary US visas allowing companies to hire highly qualified foreign professionals working in areas where there is a shortage of skilled US workers. Indian IT companies, which are among the best recipients of H-1B visas, have deployed a significant number of their employees to external work sites.
A significant number of US banking, travel and commercial services depend on IT employees in India to do their job. The new decision announced on Thursday through a seven-page policy allows US Citizenship and Immigration Services (USCIS) to issue H-1B visas to an employee only for the period for which they are working on an external task.
As such, the issuance of H-1B visas could be less than three years. This would reverse the tradition of issuing H-1B visas for three years at the same time. In effect today, the new guidelines come a few weeks before the start of the H-1B visa production period, scheduled for April 2, for fiscal 2019, with effect from October 1, 2018.
According to the directives, a petition from an H-1B with regard to an external workplace must be approved and the petitioner must demonstrate that there is a preponderance of evidence that the recipient will be recruited to a specialized post and that the employer will maintain an employer relationship – working with the beneficiary for the duration of the requested validity period.
When H-1B receivers are placed at third-party worksites, companies must demonstrate that they have specific, non-speculative, qualified assignments in a specialized function for that recipient for the entire period requested on the petition.
Although an H-1B application can be approved for up to three years, the USCIS will, in its sole discretion, generally limit the approval period to the time period during which the recipient is placed in non-speculative work. and during which the petitioner maintains the required employer-employee relationship, according to an official statement.
The visa extensions of the H-1B have become even more serious, especially if the employee has spent part of his previous tenure on a bank. Sometimes American companies terminate an employee’s contract abruptly so that employees do not work temporarily, which is called to the bank in the IT language.
During this period, while maintaining their H-1B visa status, official investigations have revealed that foreign computer workers with H-1B visas are not paid, which according to the USCIS is illegal and constitutes an abuse of the system.
“If an H-1B submitter requests the extension of the H-1B employment contract for a beneficiary placed at one or more third-party work locations at the same petitioner during his employment, the petitioner must also comply with H-1B requirements. during the period prior to the approval “, said USCIS.
The latest policy note is part of the order of US President Donald Trump, Buy American and Hire American Executive, and the directive to protect the interests of American workers.
And if these conditions are not met and if the petitioner has not complied with the terms and conditions of the original petition and has not filed an amended petition in time, USCIS may have doubts about the suitability with a subsequent petition filed for the employment of the petitioner. to extend the beneficiary, according to the policy memorandum.
Job-related petitioners who circumvent the protection of workers as described in the immigration laws of the nation not only hurt American workers (for example, their wages and job opportunities), but also foreign workers for whom they petition.
Companies looking for H-1B visas for their employees working on a third-party site should now submit intensive paperwork before they can submit their applications.
This includes proof of actual work assignments, including technical documentation, milestones tables, marketing analysis, cost-benefit analysis, brochures, and funding documents.
the letter must contain information, such as a detailed description of the specialized tasks that the beneficiary will perform, the qualifications required for the performance of the duties, the duration of the employment, the wages or wages paid, the hours worked, the benefits, a detailed description monitors the beneficiary and the rights of the recipient, and all other related evidence, said the USCIS.