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With H1-B, US Makes it Tougher to Employ New Foreign Workers

With H1-B, US Makes it Tougher to Employ New Foreign Workers

| On 16, Jan 2019

A new provision under the Trump government in The United States now makes it difficult and much more complex for companies to hire IT professionals and other workers of expertise from foreign countries. The H1-B visa is the one that allows US companies to employ foreign employees under the status of a non-immigrant.

This new provision proves to be stringent in that it requires the company to disclose the number of foreign nationals already working under the company. Providing this information will be unavoidable as the US government makes it mandatory to get the labour application approved before sponsoring the candidate for the H1-B visa.

The Information The Authorities Will Need

The company needs to certify that there are no available domestic workers available for the particular job position before it can go ahead and hire a foreign national. The labour application form also requires other information such as

  • Further details of the H1-B visa applicant(s),
  • The duration of their work,
  • The number of H1-B employees at each position

The worker complaint form will include added data to illustrate the nature of an alleged programme violation, the department said in a statement.

The effort is said to be directed at curbing the number of visa frauds while encouraging US workers to raise a complaint against criminal fraud, including the need to establishing protocols for the same and reporting it to the department’s investigation unit or unit for further investigation. The provision also encourages the department’s wage and hour division to employ its tools in order to enforce labour protections provided by the visa programmes by conducting civil investigations.

This provision also makes it very easy for US workers to report any case of discrimination in their employment based on nationality or citizenship. The department will also require clear identification of secondary entities working under the H1-B visa. These secondary entities may be the ones which are hiring H1-B employers and seeks an exemption for the H1-B dependent employers solely based on education.

The Society for Human Resource Management says that these changes in the labour application form come in the series of changes made towards targeting employers who designate third-party worksites for foreign nationals.

In a policy memo released this February, the US Citizenship and Immigration Services (USCIS) faced a lawsuit released by a small advocacy group which represented small and medium IT companies against directed against the requirement of the companies from the department to provide the detailed itinerary of the H1-B petitions, including offsite employment.

The position of the H1-B workers, their designation, duration, and the permissibility of the same will be put under stringent scrutiny henceforth, the director of regulatory affairs and judicial counsel at the Society for Human Resource Management, Justin Storch, was quoted saying.

The company, as well as the petitioners, have been warned by the Department of Labour to be extremely mindful of the information provided in the labour application form as it is susceptible to being publicly revealed.

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