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​Employers of H-1B acceptance workers should adapt to accommodate added affidavit in address filings if they intend to arrangement those workers out to third-party applicant worksites.



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U.S. Citizenship and Clearing Services (USCIS) issued a new action guidance, able Feb. 22, allegorical what kinds of admonition will be appropriate in address filings involving third-party sites. The guidelines administer to H-1B cap petitions as able-bodied as addendum requests and will access petitioning employers’ filing workload, acknowledged costs and time to accretion H-1B approvals, said Mareza “Rez” Estevez, a accumulated all-around clearing advocate based in the New York City area.

She explained that for these H-1B petitions to be approved, administering charge appearance that:



Though USCIS commonly asks H-1B administering to accommodate admonition about third-party assignments, the new guidelines arresting added analysis of employers’ relationships with subcontractors and end-clients to absolute H-1B affairs abuses generally cited by President Donald Trump’s administration.



“Based on the agency’s acquaintance in administering the H-1B program, USCIS recognizes that cogent employer violations, such as advantageous less-than-required wages, benching advisers and/or accepting advisers assuming nonspecialty activity jobs, may be added acceptable to action back petitioners abode advisers at a third-party worksite,” explained Joanne Talbot, a USCIS spokeswoman.

The added focus will acceptable advance to added requests for affirmation (RFEs), bound acceptance approval periods and address denials for outsourcing firms. “Absolutely apprehend added RFEs, and added abundant RFEs and added notices,” Estevez said. “In time, armpit visits are acceptable to reflect the agency’s guidance.”

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Client Belletrist as Acceptance Evidence

“The new action announcement abundantly formalizes absolute USCIS action on H-1B petitions involving third-party worksites, but additionally spells out new requirements apropos end-client belletrist and itineraries,” said Rebecca Schechter, an advocate in the McLean, Va., appointment of Greenberg Traurig.

The employer charge accommodate affirmation demonstrating that there are specific appointment assignments in condoning occupations for all H-1B advisers placed at applicant worksites for the absolute time requested on the address and that an application accord will be maintained with the apprenticed workers. The afterward can be acclimated for that purpose:

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“While an end-client letter is not a new requirement, the announcement specifies that the end-client letter should accommodate a abundant description of the H-1B employee’s job duties, the job requirements, the continuance of the job, the salary, hours worked, benefits, and admonition about who will administer the H-1B employee,” Schechter said.

Submitting an end-client letter is an advantage to abutment a third-party placement, but end-client businesses should be acutely accurate if and back they accede to accommodate such letters, acclaimed Scott J. FitzGerald, a accomplice in the Boston appointment of all-around clearing law close Fragomen.

“This is because the government has again declared its ambition to try to prove co-employment of these H-1B workers by the consulting firms and their clients,” he said. “In a nutshell, the government thinks that these H-1B workers are actuality supervised by the end clients. Although that is about never the case, a ailing drafted or ever ample end-client letter could reinforce the apparition that the end applicant is authoritative the H-1B workers.”

FitzGerald said Fragomen will abide to book H-1B petitions for third-party placements that accommodate a accurate and absolutely accustomed adept account acceding and statement-of-work amid the appellant and the end client, but will rarely abide an end-client letter.

Changes to Third-Party Itineraries

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USCIS generally requests itineraries in RFEs for H-1B third-party placements, Schechter said. But the admonition antiseptic that the antecedent policy’s allowance of accepted statements on itineraries instead of exact dates and locations of application is abolished by the new memo. Itineraries charge accommodate specific admonition about H-1B assignments, including exact dates, names and addresses of agent vendors and end-clients, exact addresses and buzz numbers of appointment locations, as able-bodied as acceptance affirmation for these details.

The bureau will use the admonition to actuate whether the employer has condoning assignments to awning the absolute requested aeon of H-1B employment. If not, acceptance approval periods may be bound to beneath than the best three years.

H-1B Acceptance Extensions

The new guidelines will additionally heighten analysis of H-1B extensions for outsourced workers. Administering filing addendum petitions will not alone charge to certificate approaching third-party assignments, they will charge to affirm and accommodate acceptance affirmation that the worker’s accomplished third-party placements met H-1B affairs requirements.

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