Agency Memos & Announcements, Federal Agencies

USCIS Memo on Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements

Memo from Donald Neufeld provides guidance in the context of H-1B petitions on the requirement that a petitioner establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested validity period.


On March 12, 2021, USCIS stated thatit may reopen and/or reconsider adverse decisions on Form I-129 made based on this rescinded policy memo.

This policy memo was rescinded on June 17, 2020.

Cite as AILA Doc. No. 10011363.