United States–USCIS Settlement – Huge Win for H-1B Employers

Pursuant to the March 10, 2020 decision of the U.S. District Court for the District of Columbia in ITSERVE Alliance, Inc. v. Cissna, USCIS agreed to withdraw the 2018 third-party worksites memorandum and no longer apply the existing 1991 itinerary regulation to H-1B petitions until it is able to issue new rules on the topic. This means that employers of H-1B visa holders who work at client locations do not have to produce contracts that cover the entire requested H-1B period. In addition, employers will no longer need to provide an itinerary covering the entire duration of employment requested in the H-1B petition. Previously, USCIS would approve H-1B petitions for a shortened duration if the employer could not produce contracts to cover the entire duration of employment.

While this decision is final, USCIS has not released a statement on how it plans to implement the district court’s decision. In addition, due to a recent presidential proclamation, all temporary work visas, including the H-1B visa, are under review of the Department of Labor, Department of Homeland Security, and Department of State to determine their impact on the ongoing COVID-19 pandemic.

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