H-1B Visa Scrutiny Intensifies: US Flags Low-Wage Placement of Skilled Tech Workers at Major IT Firm

US Citizenship and Immigration Services (USCIS) has denied and revoked multiple H-1B petitions after finding that a major IT consulting company had placed skilled technology jobs at wage levels lower than those supported by the positions’ duties and requirements.

USCIS revealed the action in a September 5 post on X, saying its Vermont office identified petitions where the wage classifications did not align with the actual level of work involved.

The agency said such practices can “undercut required wages” and give employers an unfair advantage over US workers. The petitions were denied or revoked as part of USCIS efforts to enforce employment-based immigration rules and protect the integrity of the H-1B programme.

USCIS Examines H-1B Wage Classifications

The latest enforcement action puts the spotlight on how employers determine wage levels for H-1B positions.

Employers sponsoring foreign workers through the H-1B programme must meet applicable wage requirements. The appropriate wage level can depend on factors such as the occupation, experience, skills and requirements associated with a particular role.

USCIS said it found cases involving skilled technology positions where the wage levels assigned by the IT consulting company were below what the agency determined was appropriate based on the jobs’ responsibilities and requirements.

The agency has not named the company involved. It also has not disclosed how many petitions were affected or specified which technology positions were involved.

Why the Move Matters for Indian Tech Workers

The action is likely to draw attention in India’s technology sector because Indian-born beneficiaries make up the largest share of approved H-1B petitions.

According to USCIS data for fiscal year 2024, 283,397 approved H-1B beneficiaries were born in India, accounting for around 71% of all approved beneficiaries.

However, the latest action does not mean that all H-1B workers employed by IT consulting companies face similar action.

Instead, the USCIS announcement underscores the agency’s focus on whether the job description, required qualifications and wage level reported in an H-1B petition accurately reflect the actual position.

What Happens When an H-1B Petition Is Revoked?

A denied or revoked petition can have significant consequences for an affected foreign worker, although the impact depends on the individual’s immigration status, employment circumstances and available legal options.

USCIS said its enforcement efforts are intended to ensure employers comply with wage requirements and prevent practices that could disadvantage American workers.

The action comes as the Trump administration continues to increase scrutiny of the H-1B visa programme and employment-based immigration, with particular attention on wage compliance and potential misuse of the system.