US makes H-1B visa approval tougher for third-party worksites


The United States Citizenship and Immigration Services (USCIS) has tightened regulations on third-party worksites involving foreign employees.
"The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change," USCIS said in a statement.
"USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite," it added.
USCIS' latest policy memorandum aims to ensure that a "legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite."
According to the new policy, petitioners must show evidence that they will be employed in a specialty occupation and maintain an employer-employee relationship with their employer for the duration of the requested validity period.
While at third-party worksites, H-1B beneficiaries must show that they have "specific and non-speculative qualifying assignments in a specialty occupation" during the entire period of their petition.
Petitions for an H-1B visa may be approved for up to three years but upon its discretion, the USCIS may limit the approval period to the time the beneficiary "will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship."
The policy memorandum also made clear that "employers must provide contracts and itineraries for employees who will work at a third-party location." —Rie Takumi/KBK, GMA News

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