Jump to content

USCIS Strengthens Protections to Combat H-1B Abuses .... update - post removed from uscis website


snoww

Recommended Posts

Update : This was probably upload mistake. News is removed from uscis website now. 

USCIS Strengthens Protections to Combat H-1B Abuses

Release Date 
02/08/2021

Clarifies Policy on Requirements for Third-Party Worksite H-1B Petitions

WASHINGTON — The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum (PDF, 124.09 KB) making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite.

In publishing this policy, USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites. This policy memorandum makes clear that employers must provide contracts and itineraries for employees who will work at a third-party location.    

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.

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. While an H-1B petition may be approved for up to three years, 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.

The updated policy guidance aligns with President Trump’s Buy American and Hire American Executive Order and the directive to protect the interests of U.S. workers. Employment-based petitioners who circumvent the worker protections outlined in the nation’s immigration laws not only injure U.S. workers (e.g., their wages and job opportunities), but also the foreign workers for whom they are petitioning.

Link to comment
Share on other sites

19 minutes ago, veerigadu said:

endhi eeee raccha....Thatha followers dandi ga unnaru ga inka USSSCIIIS lo

Enni thatha lu maarina same estory. Koncham rejections % thagguthayee mostly. 

Link to comment
Share on other sites

9 minutes ago, snoww said:

Enni thatha lu maarina same estory. Koncham rejections % thagguthayee mostly. 

Vadu odipoyaka kuda vadi name mention chesaru memo lo ante. Sahasamane cheppali

 

  • Like 2
Link to comment
Share on other sites

looks like these are old publications and for some reason they got posted today . If you see another update 

DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program

Release Date 
02/08/2021
 
The content is for 2020 hb process
Link to comment
Share on other sites

1 minute ago, snoww said:

That is the original date of the bill. Uscis is now saying they will continue it. 

No, this is an old article that got published by mistake. Some one messed up their CMS system. Usually last updated/reviewed is the date on which this article was written. 

Link to comment
Share on other sites

16 minutes ago, ManOffSteel said:

No, this is an old article that got published by mistake. Some one messed up their CMS system. Usually last updated/reviewed is the date on which this article was written. 

Ok. Let's see. They might issue some clarification soon. 

Link to comment
Share on other sites

2 minutes ago, snoww said:

Ok. Let's see. They might issue some clarification soon. 

They are still referring to president trumps hire American buy American ... seems old and not updated 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...