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

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 The rescinded memos are: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.

Related Resources

• Rescinded: USCIS Memo on Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements – January 8, 2010
• Rescinded: USCIS Issues Policy Memo on H-1Bs Involving Third-Party Worksites – February 22, 2018
• District Court Judge Invalidated USCIS Policies Towards H-1B Applicants at IT Consulting Firms (ITServe Alliance, Inc., et al., v. Cissna, 3/10/20)