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USCIS changes third party placement and contract/itinerary requirements for H-1Bs

  1. Original Date Announced

    February 22, 2018

    USCIS guidance changes the definition of employer-employee relationship and requires itineraries and copies of contracts to cover anticipated activities of H-1B petition beneficiaries.

    [ID #1046]

    USCIS Policy Memorandum (PM-602-0157): Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksite
  2. Effective Date

    February 22, 2018
  3.  
  4. Biden Administration Action: Proposed Revocation/Replacement/Modification

    October 23, 2023

    2023.10.23 Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers

    On October 23, 2023, DHS issued a notice of proposed rulemaking revising H-1B requirements. The proposed changes would revise the definition of "United States employer" while retaining the “hire, pay, fire, supervise, or otherwise control" factors identified in the Trump administration's June 17, 2020 policy. DHS is proposing to completely remove the "employer-employee relationship" from the definition of "United States employer" because the current requirement has limited practical value since H-1B petitioners generally meet this under 8 CFR 214.2(h)(4)(ii). DHS would then codify the existing requirement that the petitioner have a bona fide job offer for the beneficiary to work within the United State. These revisions are in line with enforcement changes made in response to the May 16, 2020 settlement agreement.

    View Document

Current Status

Not in effect

Most Recent Action

October 23, 2023 Action: Proposed Revocation/Replacement/Modification 2023.10.23 Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers
October 23, 2023
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: USCIS

Pre Trump-Era Policies

Commentary

  • USCIS-ITServe Settlement Overturns 10 Years Of H-1B Visa Policies

    Forbes article explains the history behind the rescission and replacement of prior USCIS guidance on employer-employee relationship and contract and itinerary requirements with respect to H-1B petitions.

    Go to article on forbes.com

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