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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
April 2018
Immigration News Briefs

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

https://www.uscis.gov/visabulletin-apr-18

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