What Are the New Rules for the Third-Party
Worksite Requirements of H1-B Workers?
I am a H1-B visa holder, and will be soon put in a third-party worksite by my employer. What are the new rule for the third-party worksite requirements?
The Department of Homeland Security (DHS) has issued an interim final rule effective December 7, 2020, that revises the regulatory definition of and standards for for “worksite” and “third-party worksite”, for H-1B purposes.
1) Clarifies how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an “employer-employee relationship” between the petitioner and the beneficiary;
2) Requires corroborating evidence of work in a specialty occupation;
3) Limits the validity period for third-party placement petitions to a maximum of 1 year;
4) Provides a written explanation when the petition is approved with an earlier validity period end date than requested;
The rule requires that the petitioner establish, at the time of filing, that it has actual work in a specialty occupation available for the beneficiary as of the start date of the validity period as requested on the petition.
In addition, all H-1B petitions for beneficiaries who will be placed at a third-party worksite must submit evidence showing that the beneficiary will be employed in a specialty occupation, and that the petitioner will have an employer-employee relationship with the beneficiary.
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