USCIS Policy Memorandum on H-1B Third-Party Worksites

USCIS issued a policy memorandum relating to H-1B petitions for workers who will be employed at one or more third-party worksites. The memorandum observes that significant employer violations—such as paying less than the required wage, benching employees (not paying workers the required wage while they wait for projects or work) and having employees perform non-specialty occupation jobs—may be more likely to occur when H-1B petitioners place employees at third-party worksites. The memorandum identifies additional evidence that may or will be required in third-party worksite cases, including contracts, work orders, and itineraries. The memorandum provides that, in some cases, USCIS may decline to approve H-1B petitions for the full duration of requested H-1B employment if the evidence does not establish H-1B eligibility for the entire period.