The U.S on Thursday Feb 22,2018 announced fresh measures to tighten the scrutiny of H-1B visa petitions, mandating fresh documentary requirements for workers at third-party worksites.
The move will impact Indian IT companies that place H-1B employees at American companies that contract them, by imposing more paperwork and processing hurdles.
The companies filing H-1B petitions for their employers will have to associate a particular project to the individual visa, which could be approved only for the duration of the project.
The measures are intended to bring the client-vendor-employee relations in business models based on bringing high-skilled H-1B workers to America under closer scrutiny.
Industry insiders said the scrutiny of this model has been increasingly stringent in recent years, and the announcement on Thursday Feb 22,2018 tightened the screws further.
Vendors that get contracts from American companies often subcontract the job to other companies or hire H-1B employees brought by other companies, creating multilevel structures, a practice that immigration authorities have been increasingly taking note of. Industry insiders said lower level jobs will be hit harder under new regulations.
In order 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; the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period,” the U.S Citizenship and Immigration Services (USCIS) said in a statement
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