USCIS strengthens protections to combat H-1B abuses.
March 9, 2021
USCIS released a notice that clarifies policy on requirements for third-party worksite H-1B petitions. The agency specified 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. The policy also clarifies that employers must provide contracts and itineraries for employees who will work at a third-party location.
The guidance – which has been effective since Feb. 22, 2018 – explains that a third-party worksite may only be approved if the petitioner can show that (1) the beneficiary will be employed in a specialty occupation; and (2) the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested period.