Getting that H-1B visa for work at one or more third-party worksites has become even more difficult with the Trump administration’s new policy wanting your company to prove you have a clearly defined specialised assignment and a timeframe.
Your company must show enough evidence that it “has specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition,” the seven-page policy memorandum of the US Citizenship and Immigration Services (USCIS) states.
Also, the blanket three-year validity for all H-1B visas has been withdrawn. The visa will be issued only for the period you have work at a third-party worksite.
H-1B allow companies to hire highly skilled foreign professionals working in areas with shortages of qualified American workers. Indian IT companies deploy lots of employees at third-party worksites in the US in the banking, travel and commercial services sectors. The new norm intends to plug abuse of the visa by “paying less than the required wage, benching employees (not paying workers the required wage while they wait for projects or work) and having employees perform non-specialty occupation jobs.”
Companies seeking H-1B visas to deploy staffers at a third-party site would now have to do a lot of paper work before submitting their applications.The next window for filing H-1B visa applications is likely open on April 2.
Need more paperwork
Companies have to produce evidence of actual work assignments, which may include technical documentation, milestone tables, marketing analysis, cost-benefit analysis, brochures, and funding documents