New H-1B memo affects workers placed by staffing agencies

It is common in biology and tech jobs for companies to hire on a project basis, and often these project workers are immigrants.  However, a new USCIS memo requires that anyone petitioning for an H-1B employment visa must have work for the entire time for which the visa is issued.  It cannot be a speculative assignment.  It must be specific.  Multiple assignments are okay as long as the employer provides an itinerary for when and where the employee will be working.  This ostensibly prevents immigrants from being underpaid and from being here during non-work periods.  Finally, the memo requires that any employer petitioning to extend the visa of an immigrant employee in this situation must prove that the employee was working at the site throughout the duration of the current visa.  For advice on handling H-1B visas or other immigration issues, contact Gotto Law Office.

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