Immigration Best Practices and Tips in Managing Your H-1B Workforce including on-site Third Party Placement

Speaker: Laura Mazel

Speaker Abstract

Discussion will include:

  • USCIS Policy Memos and Hot off the Press trends in worksite compliance including interpretation and implementation of USCIS' 2018 Third Party Placement Policy Memo
  • Current State of Affairs at the Government on Requests for Evidence and Case Denials based on eligibility as a "specialty occupation," and elimination of deference of previously approved H-1B petitions
  • New Itinerary Requirements for Third Party Worksites
  • Importance of End-Client letters for the entire chain of work (and who has right to control work of H-1B worker placed on site) confirming the term of work, and tensions that may ensure between SOWs (typically one year periods) versus requested dates of H-1B employment (typically three years) and tips for compromise
  • Work orders that name the specific H-1B beneficiary and position/location
  • On-site supervisor letters
  • Additional supporting documentation regarding who is the true H-1B employer such as employee handbooks, W-2s, payroll, performance reviews