• H-1B Cap Concern: USCIS Targets Staffing Companies and Third-Party Site Placements
  • March 2, 2010 | Author: Laura Foote Reiff
  • Law Firm: Greenberg Traurig, LLP - Washington Office
  • The United States Citizenship and Immigration Service (USCIS) has issued new guidance regarding requirements for H-1B petitioners just in time for the 2011 H-1B cap. USCIS' January 8 memo, "Determining Employer-Employee Relationship for Adjudication of H- 1B Petitions, Including Third-Party Site Placements," goes into great detail regarding the employer-employee relationship requirement for H-1B petitions and concludes that most staffing companies and companies that utilize third-party placements do not qualify as H-1B petitioners.