USCIS SAYS IT IS NOT CONSIDERING CHANGES TO H-1B EXTENSION RULES

The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite.

In publishing this policy, USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites. This policy memorandum makes clear that employers must provide contracts and itineraries for employees who will work at a third-party location.

The guidance, effective Feb. 22, 2018, explains that, 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, among other things:

USCIS Link: https://www.uscis.gov/news/news-releases/uscis-strengthens-protections-combat-h-1b-abuses

The content on this website is provided for general informational purposes only and does not constitute legal advice. Viewing this website or contacting our office does not create an attorney-client relationship.