USCIS: H-1B memo for workers’ protection, fraud prevention

The Trump administration has said the newly-issued memorandum on H-1B visa norms relating to third-party worksites is only a clarification of already existing regulations in this regard and that the whole exercise is meant to strengthen workers’ protection and fraud prevention.

“The USCIS is simply clarifying existing regulations and policy for third-party worksite H-1B petitions,” a spokesperson of the US Citizenship and Immigration Services was quoted as saying on Friday.

In its memorandum on Thursday, the USCIS had said that based on its experience in administering the H-1B programme, it recognises that significant employer violations -- such as paying less than the required wage, benching employees (not paying workers the required wages while they wait for projects or work) and having employees perform non-speciality occupation jobs — may be more likely to occur when petitioners place employees at third-party worksites.

“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 memorandum said and went on to provide “clarifying guidance regarding the contracts and itineraries that petitions submit in third-party worksite cases”.