US makes H1-B visa approval tough, Indian firms to be hit

Employers must provide contracts, itineraries to employees who will work at a third-party location under new rule

In a move that is to hit Indian IT firms and their employees, the Trump administration has announced a new measure that makes it tougher to issue H-1B visas to those to be employed at one or more third-party worksites.

The US Citizenship and Immigration Services (USCIS) published a policy memorandum on Thursday 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.

The H-1B programme offers temporary US visas that allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers. Indians get most of the H1-B visas.

Under the new policy, the USCIS says the employers must provide contracts and itineraries for employees who will work at a third-party location.

According to the guidance, in order for an H-1B petition involving a third-party work site to be approved, the petitioner must show by a preponderance of evidence that the beneficiary will be employed in a speciality occupation and the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

The updated policy guidance aligns with President Donald Trump’s ‘Buy American and Hire American’ Executive Order and the directive to protect the interests of US workers.