On Thursday, the Trump Administration announced the United States Citizenship and Immigration Services (USCIS) will issue H 1B visas to employees only for the period of work at the third party site. This is said to reverse the tradition of issuing the H 1B visas for 3 years at a time. The duration of the H 1B visas could possibly be less than three years.
The policy states the companies must show evidence that the employee will be employed in a speciality occupation. The employer should maintain an employer to employee relationship with the employee for the duration of the requested duration. The companies should further demonstrate they have all the qualifying documents of the employee for the requested duration.
An official statement from the USCIS says, “If an H 1B (sic) 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.”
It is said the companies requesting for H1B visas for their employees will now have an extensive paperwork to be done before submitting their applications. The paper works include duration, cost analysis, technical documentation, work assignments, brochures and funding documents. The USCIS further added the companies should submit a detailed description of the specialised duties of the employee, qualifications required, duration of the job, salary paid, hours worked, benefits, a detailed description of the person supervising the employee and other related pieces of evidence.
