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February 25, 2018 10:00 pm

Trump Administration Cracks Down On H-1B Visa Abuse

An anonymous reader quotes a report from CNN Money: The Trump administration is cracking down on companies that get visas for foreign workers and farm them out to employers. Some staffing agencies seek hard-to-get H-1B visas for high-skilled workers, only to contract them out to other companies. There's nothing inherently illegal about contracting out visa recipients, but the workers are supposed to maintain a relationship with their employers, among other requirements. In some cases, outsourcing firms flood the system with applicants. The U.S. Citizenship and Immigration Services agency said in a new policy memo released Thursday it will require more information about H-1B workers' employment to ensure the workers are doing what they were hired for. Companies will have to provide specific work assignments, including dates and locations, to verify the "employer-employee" relationship between the company applying for an H-1B and its visa recipient. H-1B visas are valid for three years and can be renewed for another three years. The USCIS says it may limit the length of the visa to shorter than three years based the information an employer provides. For example, if an employer can't prove the H-1B holder is "more likely than not" needed for the full three years, the government might issue the visa for fewer than three years. The memo also says the administration wants to prevent employee "benching." That's when firms bring on H-1B visa holders but don't give them work and don't pay them the required wages while they wait for jobs.

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