The Donald Trump administration on Friday announced a new measure, making the approval of H-1B visa more tougher, in a move that is likely to hit various Indian firms in the United States.
As per the new policy, any company will have to make one more clarification to prove that its H-1B employee at a third-party worksite has specific and non-qualifying speculative assignments in a specialty occupation.
On Thursday, The US Citizenship and Immigration Services (USCIS) published a policy memorandum saying it may request detailed documentation to ensure that a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite.
"When H-1B beneficiaries are placed at third-party worksites, petitioners must demonstrate that they have specific and non-speculative qualifying assignments in a specialty occupation for that beneficiary for the entire time requested on the petition," the USCIS said in a statement.
"While an H-1B petition may be approved for up to three years, the USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship," it added.
The updated policy is a part of Trump's "Buy American and Hire American" Executive Order, which directs to protect the interests of US workers.
According to the US administration officials, the scrutiny is needed to ensure the integrity of the controversial visa programme, which according to critics has cost American jobs.
The H-1B visa allows US employers to employ foreign workers in specialty occupations.
The Indians are the main beneficiaries of the H1-B visas, although there are no national quotas for the facility nor is it specifically designed for Indians.
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