USCIS revoked and denied multiple H-1B petitions after finding lower wage classifications for skilled jobs at a major IT consulting company. The agency disclosed the action in a post on X, saying its Vermont office identified the petitions during a review of H-1B cases. The company remains unnamed in USCIS’s public statement. This action signals renewed scrutiny of how employers classify H-1B positions for prevailing-wage purposes.
What changed
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. USCIS said it denied and revoked multiple petitions, but its public statement did not accuse the company of criminal fraud or identify the company.
The agency disclosed the enforcement action in a September 5 post on X, saying its Vermont office identified petitions in which the wage classifications did not correspond with the level of work involved. According to USCIS, such practices can “undercut required wages” and create unfair competition for American workers.
Why it matters
This enforcement action directly affects how you structure H-1B petitions. Wage levels are an important part of the H-1B process because employers must meet the applicable wage requirements for the positions for which they seek foreign workers. If a company misclassifies a position at a lower wage level than its duties support, USCIS can now deny the petition outright or revoke an already-approved petition.
The latest action highlights increased scrutiny of how employers classify H-1B positions for prevailing-wage purposes. Instead, it signals that USCIS is examining whether the duties, job requirements and wage level listed in an H-1B petition are consistent with one another. However, USCIS’s latest action should not automatically be treated as an H-1B fraud case. The agency has so far said that the unnamed IT consulting company classified skilled technology positions at wage levels below what the duties and requirements supported.
For affected H-1B beneficiaries, the consequences can be severe. When an H-1B petition is denied or revoked, the consequences for the affected worker can vary depending on the circumstances, including the worker’s immigration status, employment situation and any available legal remedies.
Way forward
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Audit wage classifications now. If you represent IT consulting firms or staffing companies, conduct an internal review of all pending and approved H-1B petitions. Verify that the wage level listed matches the position’s duties and prevailing-wage requirements.
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Require detailed job descriptions. When taking on a new H-1B client, obtain precise written job descriptions that clearly articulate the duties, qualifications, and skill level required. Use these to determine the correct prevailing wage.
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Know prevailing wage sources. Employers must meet the applicable wage requirements for the positions for which they seek foreign workers. Consult the Department of Labor’s prevailing wage database and ensure wage levels are defensible before filing.
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Document remediation. If you identify misclassified petitions, consider whether to proactively contact USCIS or amend before the agency discovers the issue during review.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Form is a software and information service, not a law firm. Before taking any action based on this information, consult with a licensed immigration attorney who is familiar with your specific circumstances and can verify this information against the primary source linked above. USCIS policy and enforcement priorities can change without notice. Always verify the current status of rules, forms, and procedures on the official USCIS website.