The scrutiny for 3rd party H-1B beneficiaries will be increased by the USCIS even as 1 April and the deadline for H-1B cap is fast approaching. A Policy Memorandum was issued by the USCIS last year. This was particularly targeted at employers who were crossing the limits for H-1B placement rules at 3rd party worksite.
The increased
scrutiny will imply that employers have to prove that H-1B beneficiaries
possess qualifying assignments. This is for the full period of employment on
H-1B while filing their H-1B applications, as quoted by the JDSPURA.
It has been
indicated by the USCIS that it may mandate applications to include contracts signed with end-clients. It could also include other firms involved in the assignment
of the H-1B worker. The signed documents
by the end-client may also be required to confirm the specialized duties
that will be performed by the H-1B worker.
The end-client
may also have to provide documentation for the term of the projected to be
completed. This is to avoid benching.
The itineraries
for applicants seeking to place H-1B staff at 3rd party worksites have been
sought by the USCIS even in the past. However, the latest memorandum indicates
that this could include extra details.
The rules
mandate only the dates and locations where services will be performed. However,
it has been indicated by the USICS that the below-substantiating proof may have
to be included:
• The dates of each engagement or service
• The addresses and names of the final
employer
• The contact numbers, addresses, and names of
the locations where the services will be performed for the requested employment
period
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