American Immigration Lawyers Association - Badge
New York City Bar - Badge
Avvo 10 / Top Attorney Immigration - Badge
Avvo Client's Choice Immigration - Badge
Super Lawyers / David G. Katona / 5 Years - badge
Linkedin Profinder / David Katona / Immigration Law - Badge

USCIS Withdraws Policy Memos That Increased Denials for H-1B Visas

Visa and Passport

On May 20, 2020, USCIS agreed to a settlement with ITServe Alliance that overturned the policies that restricted employers and H-1B visa holders. The agreement rescinded two policy memoranda and established a new policy memo in their place. The two previous policy memoranda included:

  • Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Issued in January 2010)
  • Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (Issued February 2018)

The new policy memo is effective immediately. This means USCIS officers should not apply the previous memoranda to any pending requests or new requests for H-1B visa classifications.

What Does the New Policy Memo Mean for Employers?

Before the creation of the new policy memo, employers faced several problems with the existing policies that were implemented by the USCIS. This included employer-employee relationships, requests for evidence on proof of employment, contracts, validity periods, and more. Employers can expect to see the following changes under the new policy memo:

  • Employer-Employee Relationship: USCIS adjudicators should apply the existing regulatory definition in assessing an employer-employee relationship. The officer should consider if the petitioner established that the relationship meets at least one of the “hire, pay, fire, supervise, or otherwise control the work of” factors with respect to the beneficiary.
  • Requests for Evidence on Proof of Employment: Petitioners have the burden of proof to establish that employment exists at the time of filing and it will employ the beneficiary in the specialty occupation. If their evidence meets this standard, the officer should not request additional evidence and approve the petition if all other requirements are met.
  • Contracts: H-1B petitioners are not required to submit contracts or legal agreements between the petitioner and third parties. While this is true, it is unclear about how USCIS adjudicators will interpret their discretion to request contracts indicating future work.
  • Validity Periods: USCIS may issue approvals for H-1B petitions with validity periods shorter than the time period the petitioner requested. This decision is required to come with an explanation regarding why the period has been limited.

Contact Our Firm

Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.

Client Reviews

Before I decided to hire David as my immigration attorney, I made thorough research online and I can say that I don’t regret a second that I made the right choice to choose him to represent me as my immigration attorney to apply for my green card. From day one, he was very helpful and patient. I...

Alper

Mr. Katona helped us well prepared our AOS interview, and gave us tons of recommendations. He’s not only professional but also very friendly and patient. He listened to our concerns, answered all our questions and eased our anxiety. He went to the interview with us and our case approved on the spot...

Luyao Y.

I am overjoyed to come back here and give attorney Katona yet another outstanding review. He confidently guided me and I took what other attorneys considered too big of the risk and I am back with GC!!!

Marta

Contact Us

  1. 1 Dedicated Representation
  2. 2 Get to Know Us
  3. 3 Schedule a Consultation

Fill out the contact form or call us at (212) 944-1529 to schedule your consultation.

Accept SMS Messages from Katona & Associates PLLC

We Accept the Following Payment Solutions