New documents show USCIS directed adjudicators to restrict approvals of H-1B petitions without proper legal or regulatory authority.
” is dated July 17, 2017, evidence the documents reflect the Trump administration’s new immigration policies.
As plaintiffs argued in a lawsuit, a February 2018 USCIS memo contradicts a 1998 law. Employers can place H-1B employees in a “nonproductive status” when there is “a lack of work,” according to the law. An employer only needs to keep paying the H-1B employee his or her full salary during such times. In contrast, USCIS insists employers show potentially years of signed contracts and specific work assignments.
Implementation of March 31, 2017 Memo, Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer-related-positions’
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