- Third-Party Placement: In alignment with President Trump’s Buy American and Hire American Executive Order, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to establish agency policy related to H-1B petitions filed for workers who will be employed at third-party worksites. The memorandum clarifies that for H-1B petitions involving a third-party worksite, the employer must establish that, among other things: (1) the employer has specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition, and (2) employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period. The memorandum states that corroborating evidence, such as copies of contracts, work orders, work assignments and similar documentation, may substantiate an employer’s claim that the beneficiary’s position is a specialty occupation and that an employer-employee relationship exists. If the employer does not submit corroborating evidence, USCIS may deny the petition. Furthermore, the memorandum clarifies that when an H-1B position will involve services performed in more than one location, an itinerary is required. Consult your immigration counsel now to plan the H-1B petition submissions.
- TPS: USCIS has extended Temporary Protected Status (TPS) for eligible nationals and residents of Syria through September 30, 2019. Current beneficiaries of Syria’s TPS designation who wish to extend their TPS must re-register by May 4, 2018.