Contracts Requirements for H-1B Petitions Involving Third-Party Worksites: USCIS

US Citizenship and Immigration Services (USCIS) has issued policy memorandum establishing policy relating H1-B petitions filed for workers who will be employed at one or more third-party worksites.

To establish eligibility for an H-1B petition involving a third-party worksite, the petitioner must establish by a preponderance of the evidence that, among other things:

• The beneficiary will be employed in a specialty occupation. This means that the petitioner has specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition; and

• The employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

Policy memorandum can be visited at https://goo.gl/VxTUoV

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