USCIS has published a Policy Memorandum relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.
Under the guidance which is effective February 22, 2018, USCIS has clarified that
- employers must provide contracts and itineraries for employees who will work at a third-party location, and
- USCIS may request detailed documentation to ensure a valid employer-employee relationship is maintained while an employee is working at a third-party worksite.
For an H-1B petition involving a third-party worksite to be approved, the petitioner must demonstrate that
- the beneficiary will be employed in a specialty occupation;
- specific, non-speculative qualifying assignments in a specialty occupation will be available for the beneficiary for the entire time requested on the H-1B petition; and
- the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.
If you have any questions about how to demonstrate valid employer-employee relationship for the requested H-1B validity period, or need assistance filing an H1B cap 2018 filing, please call us at 202-787-1944. Our experienced immigration lawyers will be happy to assist you.
Harj Virdee, Panic Cell
