Effective February 22, 2018, the U.S. Citizenship and Immigrations Services (USCIS) issued a policy memorandum relating to H-1B petitions for workers at one or more third-party worksites. Unless specifically exempted, the guidance applies to all USCIS officers adjudicating H-1B petitions.
The memorandum makes clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while the employee is working at a third-party worksite. Specifically, the employer must provide contracts and itineraries for employees who will work at a third-party location.
In order for an H-1B petition involving a third-party worksite to be approved, the petitioner must show by a preponderance of the evidence that, among other things:
- The beneficiary will be employed in a specialty occupation; and
- The employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.
During third-party worksite placement, petitioners must also demonstrate that they have specific and non-speculative qualifying assignments in a specialty occupation for that beneficiary for the entire time requested on the petition. Although an H-1B petition may be approved for up to three years, USCIS may limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship.