DHS Issues Interim Final Rule Defining Key Practices For Adjudicating H-1B Third-Party Placement Petitions

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, " Strengthening the H-1B Nonimmigrant Visa Classification Program," which will become effective December 7, 2020. This rule brings clarity to prior U.S. Citizenship and Immigration Services (USCIS) adjudication policies that had been interpreted through two internal memoranda—Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements and Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites. Earlier this year, USCIS agreed to rescind the third-party placement memo due to a recent settlement and later issued guidance stating it would also rescind the employer-employee memo. Despite these policy rescissions, which initially appeared to benefit third-party consulting employers, DHS has now promulgated its interim final rule to officially implement adjudication policies the