Important Updates
Important Updates
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
October 7, 2025 | European UnionEuropean Union: EU Entry/Exit System Implementation Forthcoming
October 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 7, 2025 | IndiaIndia: Electronic Arrival Card to Replace Paper Disembarkation Card
October 7, 2025 | UruguayUruguay: Delays in Renewals of Local Identification Cards
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
October 7, 2025 | European UnionEuropean Union: EU Entry/Exit System Implementation Forthcoming
October 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 7, 2025 | IndiaIndia: Electronic Arrival Card to Replace Paper Disembarkation Card
October 7, 2025 | UruguayUruguay: Delays in Renewals of Local Identification Cards
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

USCIS Toughens Requirements for Third-Party Placement of H-1B Employees

February 23, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Petitioners planning third-party placements of H-1B employees will be asked to submit contracts, specific itineraries, and detailed information from end-clients covering the entire period of employment.
  • USCIS adjudicators will scrutinize contractual relationships among H-1B petitioners, subcontractors and end-clients to assess whether petitioners will retain the right to control H-1B employees throughout the period of employment.
  • USCIS may limit H-1B approval periods to the length of time corroborated by contracts and other end-client documentation, or deny cases if documentation is deemed insufficient.
  • The new guidelines have immediate effect and will apply to FY 2019 H-1B cap petitions as well as H-1B extension requests.

A closer look

A new USCIS policy will require H-1B employers to disclose detailed information about vendor and end-client relationships when petitioning for employees who will be placed at third-party sites. Though USCIS has long asked H-1B petitioners to provide information about third-party assignments, the new guidelines indicate that the agency will scrutinize relationships among petitioners, subcontractors and end-clients even more closely than in the past, and will seek direct confirmation of H-1B assignments from end-clients in initial petitions and extensions. More broadly, the new policy gives USCIS the ability to scrutinize an organization’s practices and patterns of engagement with subcontractors and customers.

Client contracts

The new guidelines require petitioners to document that there are specific H-1B-qualifying assignments for the entire period of an H-1B worker’s employment. USCIS adjudicators will require corroborating evidence that the work performed by the H-1B employee at a third-party worksite will be in a specialty occupation, and will examine the end-client’s requirements to make that determination. USCIS will also use contracts and related documentation to determine whether the petitioner will maintain an employer-employee relationship with the H-1B worker throughout the period of employment.

According to USCIS, acceptable corroborating evidence includes:

  • Signed contracts with the end-client and all other companies involved in the H-1B employee’s assignment.
  • Documents signed by the end-client specifying the specialized duties the H-1B employee will perform, the qualifications required to perform the duties, the duration of the job and the hours to be worked, such as a statement of work, work order or a letter signed by an authorized official of the end-client.
  • Detailed evidence of work assignments, including technical documents, marketing analyses, and funding documents.


Organizations can redact sensitive information from these documents, but USCIS cautions that evidence must be comprehensive and detailed enough for adjudicators to determine whether assignments meet H-1B program rules.

Itineraries

Itineraries have long been a requirement for H-1B third-party placements, but the new guidelines will require employers to provide specific information about H-1B assignments, including exact dates, names and addresses of intermediary vendors and end-clients, exact addresses and phone numbers of work locations, as well as corroborating evidence for these details. USCIS will use this information to determine whether the employer has qualifying assignments to cover the entire requested period of H-1B employment.

Impact on H-1B Extensions

The new guidelines will significantly heighten USCIS scrutiny of H-1B extensions. Employers filing extension petitions will not only need to document future third-party assignments, they will need to confirm and provide corroborating evidence that the beneficiary’s past third-party placements met H-1B program requirements throughout the previous employment period, including LCA compliance, specialty occupation work and employer retention of the right to control the beneficiary’s work. This is consistent with USCIS’s new policy against deference to past petition approvals and its policies on work location changes under Matter of Simeio Solutions.

Impact on H-1B Periods of Employment

The new guidelines give USCIS adjudicators increased authority to limit H-1B approval periods to less than the three-year maximum validity or to deny petitions if the employer cannot show that it has specific specialty occupation assignments to cover the full requested period of H-1B employment.

If you have questions about the new third-party placement guidelines, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Media mentions

Toronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out

Partner Rick Lamanna shares key insights on how Canada can retain skilled workers and navigate shifting talent flows under changing US visa rules.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Media mentions

Toronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out

Partner Rick Lamanna shares key insights on how Canada can retain skilled workers and navigate shifting talent flows under changing US visa rules.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.