SOME GOOD NEWS H-1B CONSULTANTS AT THIRD PARTY WORK SITES

After months of being hammered by the USCIS Vermont Service Center (VSC), H-1B consulting companies have some good news. Consulting companies that place H-1B workers at third party work sites were subject to massive Requests for Additional Evidence (RFEs), some of them without legal authority or ultra vires, and visa denials.
Many of those RFEs required contracts for the work performed as well as other evidence, which many times do not list the duties and no direct connection existed between the consulting company and the end client. Many times these contracts are confidential or are contracts between a mid-level vendor and the consulting company. Other times the end client does not wish to get involved and write an official letter to USCIS.
While the USCIS still does not accept only a statement from the petitioning consulting company regarding the duties to be performed by the H-1B Beneficiary, the VSC recently confirmed that a letter from the end client is acceptable as proof of the specific assignment. This may be submitted in lieu of the work contract.
In summary, proof from the end client will still be required by VSC, although the type of such proof has been eased somewhat. IT consulting companies should be aware of the need for proof from the end client in advance of filing the H-1B petition with VSC.

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