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USCIS Issues Updated Policy Guidance and Rescinds Two Policy Memos Regarding the Adjudication of Certain H-1B Petitions

H-1B Visas, Policy Manual Update, USCIS

USCIS issued a memo rescinding two policy memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant classification. USCIS is issuing updated policy guidance in their place. The rescinded memos are:

  • Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16) ), HQ 70/6.2.8 (AD 10-24), issued January 8, 2010
  • Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites, PM-602-0157, issued February 22, 2018

The new guidance on the adjudication of H-1B petitions contained in the memo is effective immediately.

If the USCIS adheres to this, it will make H-1Bs easier for everyone, and could have sweeping impacts for H-1B employees and employers.

Source: AILA Doc. No. 20061804

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