The Donald Trump administration has announced a tight policy on processing H1-B visa for individuals hired by one or more third-party work-sites. This move will significantly affect Indians working in Information Technology (IT) companies.
The companies will now have to make extra efforts to prove that its H1-B employee at a third-party worksite is employed on specific and non-qualifying speculative assignments in a specialty occupation.
The H1-B is a temporary visa programme that allows companies to hire highly-skilled foreign professionals. Many American banking, travel and other commercial services companies depend on Indian IT professionals to get their job done.
The new policy also states that when petitioning for the visa, the employer will maintain an employer-employee relationship with the beneficiary only till the requested duration.
Companies will have to file extra paperwork with a detailed description of duties and qualifications required for the duty, salary, hours worked, etc.
The policy is applicable with immediate effect.
The U.S Citizenship and Immigration Services said, "If an H-1B petitioner is applying to extend H-1B employment for a beneficiary who was placed at one or more third-party work-sites during the course of past employment with the same petitioner, that petitioner should also establish that the H-1B requirements have been met for the entire prior approval period."
Inputs from PTI