The policy memorandum issued by the USCIS on Feb 22, 2018 requires H1B petitioners to submit proper documentation for the H1B employees who will be working from an end-client/third party location. The petitioner must include an itinerary with the specific worksite(s) and dates of service for each worksite, along with relevant contracts, specific statement of works, project status reports or similar documentation to prove the eligibility.

While it is too early to comment on the memo’s impact on H1B visa applicants at consular posts abroad, we strongly believe that this memo will influence the visa adjudication process.  It should be noted that H1B visa applicants must include relevant documentation for their visa interview even if the underlying H1B petition was approved prior to the issuance of memo.

We recommend that H1B visa applicants review their approved H1B petition with an experienced immigration attorney ahead of their visa interview to avoid potential visa denials.