NOTE: As of 1/30/21 This Memo is under Review by the Biden Administration
On January 15, 2021 the DOL issued a memo called the “H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications (LCA) by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a).”
Also on January 15, 2021, the DHS issued a memo called Strengthening the H-1B Nonimmigrant Visa Classification Program.
1) Effective Date of July 14, 2021
The requirements detailed in this memo will not be effective until July 14, 2021.
This is important because there will be many chances for this memo to be partially or fully canceled either by the incoming Biden administration or by a court overturning the memo. I think we are going to see extensive litigation.
2) End clients will need to also file H-1B petition
USCIS has amended their interpretation of what an “Employer” is and of the “Employer-Employee relationship”.
As a result, if the H-1B Beneficiary will be placed at a 3rd party worksite, then the End Client will also need to file an H-1B Visa Petition with USCIS.