How to respond to H-1B RFEs targeting IT consulting and third-party staffing arrangements. End-client letters, itinerary requirements, and USCIS scrutiny of vendor-client relationships.
USCIS has historically scrutinized IT consulting firms that place workers at third-party client sites. The core issue: USCIS questions whether a 'specialty occupation' employer-employee relationship exists when the H-1B worker is physically working at a client's site, supervised by client personnel, on rotating projects. The 2018 USCIS policy memorandum formalized these concerns, requiring IT staffing firms to provide detailed evidence of the actual work to be performed.
When USCIS issues an RFE for third-party placement, it typically demands: end-client letters confirming specific project, duration, duties, and that a degree is required; detailed itinerary of work assignments; evidence that the petitioner retains control over the worker (sets tasks, performance reviews, pays salary); and contracts showing the worker will perform specialty occupation duties specifically.
The end-client letter is the most critical document for IT consulting RFE responses. It must be on end-client letterhead, signed by an authorized HR or manager, and specifically state: worker's name, job title at client site, specific duties (technical, not generic), duration of assignment, that the position requires a bachelor's degree in a specific field, that the petitioning company's employee is performing this work, and the supervisory structure.
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