The United States Citizenship and Immigration Services (USCIS) have clarified the policy for third-party worksite petitions for H-1B visas. These updated policies and guidelines are in alliance with the Trump Administration’s “Buy American and Hire American,” Executive Order, and the directive from the administration to protect the interests of American workers.
The H-1B Visa program allows employees from other countries to work for a particular U.S. employer who is able to sponsor them. At times, employees may have to work at a different location than where they originally began the job.
USCIS published a memorandum concerning the policy, detailing that they may request documentation and details in order to ensure that, while an employee works at a third-party site, there is still a legitimate employer-employee relationship that remains eligible for the program. The memorandum also states that employers must provide contracts and schedules for employees working at third-party locations. It goes on to explain that in order for an employee to be approved for an H-1B Visa, he or she must show that they will be employed in a specialty occupation, and that the employer-employee relationship will be maintained through the duration of the validity period. The employee must also demonstrate that their assignments are specific and non-speculative, and in a specialty occupation for the entire time requested.
Typically, an H-1B Visa can be approved in increments of up to three years, however, the USCIS will exercise its discretion and limit the approval period to the length of time an employee is expected to be placed in non-speculative work while maintaining a qualifying employer-employee relationship.