USCIS Publishes H-1B Third-Party Worksite Policy Memo

02/23/2018 

Yesterday USCIS published a policy memo guiding USCIS adjudicators to request detailed documentation demonstrating maintenance of an employer-employee relationship while an H-1B employee is working at a third-party worksite.

The memo makes clear that employers must provide contracts and itineraries for employees working at third-party worksites. In order for an H-1B petition involving a third-party worksite to be approved, the petitioner must show by a preponderance of evidence that the petitioner will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period, the beneficiary will be employed in a specialty occupation, and the beneficiary will be paid the required salary.

The memo is intended to clarify existing regulatory requirements regarding H-1B petitions filed for employees who will work at one or more third-party worksites. If you have any questions, please contact your Goel and Anderson attorney.