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Immigration News Briefs

Provided by Humera Subhani

April 2018

H-1B memo targets third party worksites
As this administration releases more and more memos, the H-1B process will become more difficult for potential employers. A new USCIS memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” revises policy about workers who will be employed at one or more third-party or end-client worksites. It focuses on staffing companies that use the petitioner-vendor-client relationship common in the information technology (IT) field. Now, when placing an employee at a third-party work location, the petitioner must demonstrate that there is specific and nonspeculative work in a specialty occupation for the beneficiary for the entire period requested in the petition.

Employer violations, including underpaying H-1B workers and having employees work in nonspecialty occupation jobs, are more likely to occur when the H-1B worker is placed at a third-party worksite. This memo clarifies how an employer can show that end-client work arrangements are legitimate and nonspeculative. The petitioner must show that specialty occupation work exists for the beneficiary by submitting evidence, such as a signed contract, a work order, or letter signed by an authorized official of the end-client company, or other documentation establishing the type and duration of work. Otherwise, USCIS is likely to deny the petition.

Also, if the beneficiary will be working in more than one location, an itinerary listing dates of service must be included. Otherwise, the petition could be denied without a request for evidence (RFE) being issued.

If an employer is applying to extend status for an H-1B worker who was previously placed at a third-party worksite, the petitioner may need to prove that the H-1B worker maintained status for the entire H-1B period, e.g. by providing evidence of the prior project and proof that the required wage for the prior approved H-1B petition was paid at all times. Otherwise, the petition may be approved, but only for consular processing (no change or extension of status in the U.S.). So it is important to file an amendment for an H-1B employee before the new work is started if there is any material change in employment, including any move to a new client location.

Credit card payment accepted for most forms
USCIS will now accept credit card payments for filing most of its forms, e.g. the 41 fee-based forms processed at USCIS Lockbox facilities. USCIS will enter credit card data into the U.S. Department of the Treasury’s Pay.gov system, and will then destroy the Form G-1450 to protect the credit card information.

Credit cards can not yet be used for I-129 forms (petition for nonimmigrant worker), but can be used online at uscis. gov to apply for naturalization or for renewing or replacing Green Cards.

APPLICATION FINAL ACTION DATES FOR April 2018

FAMILY	India	Pakistan/Bangladesh
1st	08Apr11	08Apr11
2A	01May16	01May16
2B	08Apr11	08Apr11
3rd	08Jan06	08Jan06
4th	15Feb04	15Sep04

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jan12	Current
2nd	22Dec08	Current
3rd	01Feb08	Current
Other	01Feb08	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - April 2018

FAMILY	India	Pakistan/Bangladesh
1st	01Jan12	01Jan12
2A	22Sep17	22Sep17
2B	01Sep11	01Sep11
3rd	01Sep06	01Sep06
4th	22Jun04	08Mar05

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	08Feb09	Current
3rd	01Apr08	Current
Other	01Apr08	Current
4th	Current	Current
5th	Current	Current1B