H-1B Third-party Worksite Guidance

By nature, consulting companies often send their employees to work at a third-party’s worksite and perform services onsite.  When filing H-1B work visa petitions for their workers, many consulting or third-party worksite companies have faced an increasing number of requests for evidence (”RFES”) requesting information about the duties of the employee, itinerary of work and contracts with the third-party worksite host.

The Vermont Service Center (”VSC”) has clarified that in responding to RFES requesting such information related to third-party worksites, a letter from the third-party worksite host is sufficient to establish the work assignment.  VSC has confirmed that a letter can be submitted instead of a contract and, in fact, VSC has eliminated the request for contracts from the standard RFE language.