In a recent liaison meeting between USCIS HQ and American Immigration Lawyers Association, the USCIS has acknowledged the increased activity and RFEs in the area of H-1B petitions for 3rd party employers (IT Staffing companies). As pe USCIS, updated guidance on this issue is being developed by USCIS and should be released in the very near future. Further more, USCIS HQ has been in constant contact with the CSC and VSC on this issue and is working to develop evidentiary criteria that establishes the existence of a valid job offer in a specialty occupation at a location that corresponds to the LCA(s) submitted with the filing based on real world business practices but also meets the regulatory requirements for the H-1B category. The goal is to drastically reduce the number of “kitchen sink” RFEs and have both adjudicators and petitioners focus on evidence that best establishes the bona fides of the petition. USCIS is also drafting H-1B “Helpful Hints” to be published on its website to help guide petitioners on the types of acceptable evidence and packaging tips.

This could mean (hopefully) that the USCIS will no longer require a letter from the end client and the succession of contracts between all the vendors and sub layers. Because of the inability of the petitioner to get these documents from the clients and vendors (due to confidentiality issues) it is becoming virtually impossible for staffing companies to get H-1b petitions approved