The Trump administration is placing restrictions on firms that contract out high-skilled workers who have H-1B US visas, following the issue of a new policy memo by US Citizenship and Immigration Services, on Thursday. Workers will now need detailed statements about work orders or work for any job performed by an employee in possession of an H-1B US visa, which is carried out at a site owned by a third party.
Employers will also now have to incorporate further details explaining why an overseas worker has been contracted to do the job. The memo states that the specialized duties set to be carried out by the H-1B US visa holder need to be included in detailed statements, as well as the qualifications necessary for the job, the hours worked, and how long the job will last.
The new memo, from US Citizenship and Immigration Services, also makes it clear that the beneficiary of the H-1B US visa should have qualifying assignments that are non-speculative and specific within a specialty occupation for the duration of the employment that the petition time has requested. The memo notes that such workers can end up being paid less money than their employer initially promised when hired out to third parties or required to perform non-specialty jobs.
The new change is a part of the ‘Buy American, Hire American’ policy pursued by the Trump administration since an executive order signed by the President last April.