The new H-1B policy memorandum is part of an effort by the Trump administration to protect the wages and working conditions of both American and non-immigrant workers and prevent any fraud or abuse, the U.S. Citizenship and Immigration Services (USCIS) said on Saturday.
The USCIS on Thursday issued a new policy memorandum, according to which a company would have to go to extra length to prove that its H-1B employee at a third-party worksite has specific and non-qualifying speculative assignments in speciality occupation.
“The USCIS is simply clarifying existing regulations and policy for third-party worksite H-1B petitions,” its spokesperson said.
Employer violations
“Based on the USCIS’s experience in administering the H-1B programme, the USCIS recognises that significant employer violations — such as paying less than the required wage and benching employees — 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 the U.S. and H-1B 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 H-1B petitions involving third-party worksites.”
