On 02/22/2018, the U.S. Citizenship & Immigration Service (USCIS) issued a policy memo regarding the placement of H-1B workers at 3rd party client sites.
While most of the policy guidance provided is in line with the
Neufeld Employer-Employee Memo that was issued in 2010, there are some new things to note:
- The USCIS will require detailed itineraries to be included with any H-1B petition where two or more work locations are listed. The itinerary must include specific dates for each location; names and addresses of the employers; names, addresses and phone numbers for the client sites; corroborating evidence for all itinerary information provided.
- Scenarios involving a third-party worksite generally make it more difficult to assess whether the petitioner has established that the beneficiary will actually be employed in a specialty occupation or that the requisite employer-employee relationship will exist. The difficulty of this assessment is increased in situations where there are one or more intermediary vendors and where the relationship between the petitioner and the end-client
is more attenuated than a direct petitioner-client relationship. Additional corroborating evidence, such as contracts and work orders, may substantiate a petitioner's claim of actual work in a specialty occupation.
- While an H-1B petition may be approved for up to three years, USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and that the petitioner will maintain the requisite employer-employee relationship, as documented by contracts, statements of work, and other similar types of evidence.