USCIS Rescinds Policy Memos That Denied Many H-1B Visas

Recently, USCIS reached a settlement with ITServe Alliance that now gives employers more freedom when accepting H-1B visa holders. Essentially, the agreement will swap out two policy memoranda with a new policy memo. Previously, the two memoranda were Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites, which was issued in February of 2018, and Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements, which was issued in January of 2010.

How does this help employers?

Before the recent change, there were many gripes from both employers and immigrants seeking work, mainly having to do with relationships between employers and employees, various contract complications, and more. That being said, employers and employees should now see the following changes made:

  • Contracts: An H-1B petitioner does not have to submit legal agreements or contracts between the petitioner and third parties. That being said, it has not yet been specified how USCIS adjudicators will use their discretion to request contracts about future employment.
  • Validity Periods: USCIS is allowed to issue approvals for H-1B petitions, as long as the validity period for said petition is shorter than the time period requested by the petitioner. That being said, the decision must have an accompanying explanation regarding why the period has been limited.
  • Employer-Employee Relationship: The existing regulatory definition should be applied by USCIS adjudicators when assessing whether or not an employer and a beneficiary have what is defined as an employer-employee relationship. Officers must consider whether the petitioner is established meets at least one of the five “hire, pay, fire, supervise, or otherwise control the work of” factors.
  • Requests for Evidence on Proof of Employment: If you are a petitioner, you will have to prove that employment exists at the time of filing, and also that you will employ the beneficiary in the certain specialty occupation. As long as the supporting documentation meets this standard, the officer is not permitted to request any further evidence, and should, therefore, approve the petition, as long as all other eligibility requirements are met.

If you have any additional questions regarding how this may affect you, please do not hesitate to reach out to our experienced team of Wisconsin immigration attorneys today. We are here to help you through every step of the legal process ahead–all you have to do is ask.

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John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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