USCIS identifies IT consulting firm for underpaying H-1B workers

As the Donald Trump administration intensified its crackdown on H-1B visa fraud, the US Citizenship and Immigration Services cited a specific case of a major IT consulting company in Vermont that was giving lower salaries to H-1Bs. The agency said that it denied and revoked multiple petitions as such unfair practices hurt the interest of American workers.

"USCIS in Vermont identified H-1B petitions from a major IT consulting company that classified skilled technology jobs at wage levels below what the positions’ duties and requirements supported," the agency said. "This practice undercuts required wages and creates unfair competition for US workers. We denied and revoked multiple petitions, protecting American workers and preserving the integrity of employment-based immigration programs," USCIS said.

USCIS did not identify the consulting company involved. It also did not disclose how many H-1B petitions were affected or specify the technology positions that were examined. Social media users were, however, curious to know whether it was any of the major Indian IT companies.

What did USCIS find?

The latest action focuses on the wage level assigned to H-1B positions. Employers sponsoring foreign workers through the H-1B programme must comply with applicable wage requirements, and the wage classification associated with a position is tied to factors including the nature of the job, its requirements and the experience and skills expected from the worker. USCIS said the company had classified skilled technology positions at wage levels below what the agency determined was supported by the actual duties and requirements of those jobs.

The agency's action means that the affected petitions have either been denied or revoked. A denial generally means a petition will not be approved, while revocation can affect a petition that had previously been approved. For an H-1B worker, the consequences of a revoked petition can depend on the circumstances of the case, including whether the worker has another valid immigration status or an alternative approved petition.

What is an IT consulting company?

An IT consulting company is a company that provides technology services to other businesses rather than primarily selling its own software or products. It can also refer to an IT staffing company which are called 'bodyshops' in Silicon Valley.