USCIS Publishes Policy Memorandum On H-1B Third-Party Worksite Requirements

The U.S. Citizenship and Immigration Services (USCIS) has published a memorandum establishing its policy relating to H-1B petitions filed for employees who will be working at one or more third-party worksites. The newly released guidance supersedes two previous memos, which required USCIS to make requests for contracts involving H-1B petitions only (1) where the officer could articulate a specific need for such documentation, and (2) on a case-by-case basis. The memo, effective February 22, 2018, is a move, according to the USCIS, that "aligns with President Trump's Buy American and Hire American Executive Order and the directive to protect the interests of U.S. workers."¹

The guidance stipulates that, in H-1B petitions where a third-party worksite is involved, the petitioner must show: