USCIS Denies and Revokes H-1B Petitions Over Wage-Level Mismatch at Major IT Consulting Company

by Niloofar Rahimi Zadeh updated on Sep 7, 2026 05:09:06 PM

U.S. Citizenship and Immigration Services (USCIS) has denied and revoked multiple H-1B petitions filed by an unnamed major IT consulting company after finding that skilled technology positions were assigned wage levels below what their duties and requirements supported.

USCIS disclosed the enforcement action on September 5, 2026. The agency said its Vermont operation identified the affected petitions and argued that the lower wage classifications could undercut required wages and create unfair competition for U.S. workers. USCIS did not identify the company, disclose how many petitions were affected, or name the specific technology occupations involved.

For H-1B workers—and F-1 or OPT workers preparing to transition to H-1B—the case highlights how closely the job description, qualifications, wage information, and Labor Condition Application (LCA) must align in an H-1B filing.

Why USCIS Denied and Revoked the H-1B Petitions

According to USCIS, the problem was not simply that the company paid technology workers relatively low salaries. The agency said the positions had been classified at wage levels that were lower than what the actual duties and requirements of those jobs supported.

H-1B employers are already subject to federal wage requirements. Under Department of Labor rules, an H-1B employer generally must pay the worker at least the higher of:

the employer's actual wage for similarly experienced and qualified workers in the same position; or
the prevailing wage for that occupational classification in the area of employment.

The employer makes these wage-related attestations through the Labor Condition Application that supports the H-1B petition.

USCIS also evaluates whether the LCA actually corresponds with the H-1B petition. In prior agency decisions, USCIS has explained that discrepancies between the occupation or wage information on an LCA and the position described in the petition can prevent the LCA from properly supporting the H-1B filing.

The September enforcement action therefore appears focused on whether the wage classifications accurately reflected the jobs being sponsored.

This Is an Enforcement Action, Not a New H-1B Wage Rule

One important distinction for H-1B applicants is that USCIS has not announced a new nationwide H-1B wage rule through this case.

Instead, the agency reported taking action against specific petitions after identifying wage-level problems at one unnamed IT consulting company.

USCIS has not announced that:

all IT consulting companies are subject to a new wage requirement;
H-1B petitions from consulting companies will automatically be denied;
a particular wage level is now required for every technology position; or
every H-1B worker employed by a consulting company is affected.

The agency's public statement was also limited. It did not accuse the unnamed company of criminal visa fraud, so this case should not be described as a criminal fraud finding unless additional official information is released.

There is another important terminology distinction: USCIS said it denied and revoked H-1B petitions. That is not the same as saying USCIS revoked workers' H-1B visa stamps. USCIS adjudicates employers' Form I-129 petitions, while the Department of State handles visa issuance at U.S. embassies and consulates.

What H-1B and OPT Workers Should Pay Attention To

For workers, the case makes the accuracy of the employer's filing especially important.

An H-1B petition should present a consistent picture of the position being offered: the job duties, required education and experience, occupational classification, worksite, wage, and information contained in the LCA should support one another.

H-1B workers also have the right to receive a copy of the LCA from their employer. The Department of Labor states that employers must pay the required wage and provide the worker with a copy of the Labor Condition Application.

Before or during an H-1B filing, workers may therefore want to review whether basic information such as their job title, duties, work location, and offered salary accurately reflects the position they are actually expected to perform.

This is also relevant to F-1 students working on OPT or STEM OPT who are preparing for an H-1B transition. The USCIS announcement does not change their H-1B eligibility rules, but it reinforces that approval depends partly on the employer submitting a petition that is properly supported by the underlying employment information.

If an individual petition has already been denied or revoked, the immigration consequences can vary significantly depending on whether the worker is currently in H-1B status, has another valid status or petition, or is still transitioning from F-1/OPT. Workers directly affected by a USCIS decision should review the actual notice with their employer and qualified immigration counsel rather than assuming the outcome based on the broader announcement.

What to Watch Next

USCIS has so far provided very few details about this enforcement action. The company remains unnamed, and the agency has not disclosed the number of petitions involved, the occupations affected, or whether additional cases connected to the company are under review.

For international students and H-1B professionals, the immediate takeaway is narrower but important: this is not a new H-1B rule, but it is a clear example of USCIS scrutinizing whether the wage level and job description in an H-1B filing accurately reflect the position being sponsored.

Sources:

"Explore Day 1 CPT Universities"

Topics: H1B Status USCIS

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