The U.S. Citizenship and Immigration Services (USCIS) released a memo yesterday that stresses the requirement for proper documentation when filing a petition for an H1B worker who will be placed at a third-party location. The policy memo states that petitioning employers that routinely places H1B workers offsite “… often submit uncorroborated statements describing the role the H1B beneficiary will perform … Such statements by the petitioner, without additional corroborating evidence, are often insufficient to establish … that the H1B beneficiary will actually perform specialty occupation work.”
The memo further discusses the types of evidence that may be acceptable for evidencing these types of cases. Additionally, the USCIS indicates that H1B petitions filed for employees working at more than one site, which do not contain the required itinerary, may be denied with or without a request for evidence (RFE).
Attorneys at the Murthy Law Firm are in the process of fully reviewing and analyzing the memo. A more detailed overview of the memo will be posted on MurthyDotCom within the next week. Subscribe to the MurthyBulletin to have future updates delivered to your inbox.
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