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USCIS rescinds and replaces prior guidance on third party placements and contract/itinerary requirements for H-1Bs

  1. Date Announced

    June 17, 2020

    As a result of its settlement of a lawsuit by ITServe Alliance, USCIS rescinds prior guidance on employer-employee relationships and on contracts and requirements for third party worksites in the H-1B context. The new guidance includes instructions that the itinerary requirement of 8 CFR 214.2(h)(2)(i)(B) should be excluded from consideration by adjudicators in analyzing the employer-employee relationship and other factors related to eligibility. It also notes that an H-1B beneficiary should be considered to be controlled by an employer if the relationship meets any one of the “hire, pay, fire, supervise, or otherwise control" factors.

    [ID #1046]

    View Policy Document
  2. Effective Date of Change

    June 17, 2020
Type of Action: Agency Directive
Agencies Affected: USCIS

Prior 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

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