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USCIS Announces New Regulation for Employees with H-1B Visas

Highly-skilled workers who have H-1B visas face new restrictions.  U.S.Citizenship and Immigration Services (USCIS) issued a new policy on Thursday.  Employers must now provide more details about why they hire help from different countries.

A “detailed statements of work to work orders” must be provided on tasks performed by H-1B visa holders working at a third-party site.

With this initiative, Trump’s administration’s “Buy American, Hire American,” hopes to stop fraud and abuse.  Protecting visa-holders from earning less or asked to perform “non-specialty” jobs.

Contractors must now provide details  of specific and non-speculative qualifying assignments in a specialty occupation for the entire time requested on the petition.

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The guidance, effective Feb. 22, 2018, explains that, 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; and
  • The employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

The Visa program allows workers from other countries to perform work in the United States.  Visas can be used for up to three years.

“The USCIS safeguards the integrity and promise by efficiently and fairly adjudicating requests for immigration benefits.  The mission statement mentions it hopes to secure the homeland and honors values.”

Already the U.S.Citizenship and Immigration Services removed the “nation of immigrants” line from the mission statement.

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