USCIS Revokes H-1B Visas Over Wage Misclassification

USCIS has denied H-1B petitions and revoked previously approved visas for an unnamed major IT consulting company based in Vermont. The agency announced the enforcement action on September 5, 2026, stating it found the employer had filed for skilled technology positions at wage levels that did not correspond to the actual duties and requirements of the roles.

According to USCIS, this wage misclassification undercut legally required wages and created unfair competition for U.S. Workers. The agency did not disclose the company's name, the number of affected cases, or the specific occupations involved.

USCIS Outlines Violation Without Specifics

The public account provides a broad outline but few case-specific details. USCIS stated the employer submitted filings for skilled technology roles at inappropriate wage levels. It denied new filings and revoked existing approvals based on this mismatch. The central fact remains the wage classification issue, though the action does not specify if the positions involved software development, systems work, or another technology field.

Wage Level Must Match Actual Job Duties

For H-1B visas, employers must pay at least the required wage for the offered position. This classification depends on the job's actual duties, skill level, and requirements, not merely the employer's preferred title. A lower-level label cannot resolve a mismatch between the title and the responsibilities described in the petition.

The filing record is therefore central. Job descriptions, the Labor Condition Application (LCA), and supporting evidence must present a consistent account of the position. This standard also affects how employers describe changing assignments. A role that appears narrowly defined on paper may draw scrutiny if the listed work requires greater skill or responsibility.

Client-Site Assignments Face Closer Scrutiny

The Vermont action signals closer scrutiny of IT consulting and staffing models involving client-facing roles. USCIS's stated concern is whether the wage level reflects the work the employee is actually expected to perform. A separate 2026 attorney analysis, cited by the source, said the Department of Homeland Security was tightening oversight of third-party worksites and seeking stronger proof of the employer-employee relationship.

That analysis also pointed to demands for more detailed specialty-occupation evidence and closer review of employers with prior H-1B violations. These points are from the attorney analysis and are not specifically attributed to the Vermont case. Consulting firms may need to better connect the petition record to the assignment, worksite, and supervision arrangement.

Recommendations for Employer Audits

Employers handling H-1B cases should audit job descriptions, wage levels, and supporting evidence. The review should test whether the duties match the LCA wage level. The source recommends employers:

• Compare the petition's listed duties with the work assigned to the employee.
• Recheck the wage level against the position's skill and experience requirements.
• Confirm that the labor condition application and petition evidence describe the same job.
• Review records for client assignments, worksites, and the employer-employee relationship.

The audit should cover the evidence, not only the title. A filing that uses a generalized description may leave questions about the work's actual demands. If USCIS denies or revokes a petition, the employer typically handles the procedural response. The company must assess the decision and determine what corrective action applies.

Risks for Workers with Revoked Petitions

Workers face different risks. They should verify whether their underlying petition remains approved before international travel if an employer-side compliance problem emerges. Revocation of an underlying petition can create problems with visa stamps, especially for travel and reentry.

A separate 2026 practitioner alert identified fraud, material error, and a revoked labor certification as compliance problems that can lead to denial or revocation. These grounds differ from the wage-level issue in the Vermont action. The alert also cited a 60-day grace period for H-1B workers after employment ends, or the remaining period of authorized stay if shorter. This protection can provide a transition period but does not automatically resolve a petition action. The worker's status, the employer's response, and the underlying filing record still shape the next step.

The enforcement action puts required wages and competition for U.S. Workers at the center of USCIS's stated position. Future cases will depend on how closely the job record matches the work and wage level presented to the agency.