INS on Contracts Involving H-1B Petitions

To: All Center Directors
Director, Service Center Operations
Director, Administration Appeals Office

From: Office of Adjudications (HQADN)

This office is in receipt of correspondence from the legal community expressing the concern that the Service is requesting information from petitioners in H-1B cases which is not germane to the petition and which is excessive. Specifically, these concerns relate to the Service’s practice of requesting “third party contracts,” i.e., contracts between the petitioner and the alien’s prospective work site.

One of the purposes of the adjudication process is to control the H-1B nonimmigrant classification which, among other things, involves the protection of the U.S. labor market. This office believes that the regulatory requirement found at 8 CFR 214.2(h)(9)(I) was designed to assist the Service in these types of endeavors. The regulation allows the Service to request and consider any additional information deemed appropriate to adjudicate a petition, which includes third party contracts. This office is fully supportive of the actions of the Service Center Directors in requesting this information. These requests for additional information, however, must be reasonable and material and requested on a case-by-case basis.

John w. Brown
Acting Chief,
Nonimmigrant Branch

27MM6C03