JobsForGood.com

News

Back

New H-1B rule makes it tougher for companies to hire foreign workers

Monday, November 5th, 2018

The Trump administration has introduced a new set of rules to handle H-1B visa applications, making it difficult for US employers to sponsor H-1B visa for new foreign workers. 

The administration wants US employers to disclose the total number of foreigners that are employed by them. The Department of Labor is seeking this new information from US-based firms. The new provision is a big deal because a US company will now be able to hire foreign workers only after receiving the approval for labor application for H-1B visa from the Department of Labor. 

The Department of Labor will approve these applications only if there are no domestic workers for the said position. Their certificate will then allow the US company to hire a foreign guest worker under the H-1B category. The revised process will make it difficult for US-based firms to obtain the labor certification. 

Labor Condition Application Form 

Most of the revisions have been made to the Labor Condition Application form. The new update will require employers to give more detailed information about H-1B employment conditions. The employer will need to disclose all places of employment for the said applicant. The form will also ask for periods of short duration and estimated number of H-1B workers at each of the client locations during the intended work period. 

The form will ask to disclose the identity of secondary entities which are using H-1B workers. The employers that claim an exemption on the basis of candidate’s education will need to submit the documentation of the degree. Employers will also need to submit an estimated number of foreign workers that are deployed at each location. 

The lawsuit against USCIS 

The proposed revisions are part of the February policy memo by the US Citizenship and Immigration Services (USCIS). The memo required employers to furnish detailed work itineraries for the H-1B visa holder. An advocacy group of small and medium size IT companies has filed a lawsuit against the US visa authority on this issue. 

With the current heightened scrutiny of H-1B visa applications, both petitioners and users need to be aware of what information is disclosed. The Department of Labor will issue the updated Labour Condition Application Form in the coming few weeks.


Subscribe to the JobsForGood Development News

Get the latest development news in your inbox everyday!