June 23, 2009
USCIS Headquarters is aware of the increased activity and RFEs in the area of H-1B petitions for 3rd party employers (e.g., consulting companies). Updated guidance on this issue is being developed by USCIS and should be released in the very near future. USCIS headquarters has been in constant contact with the California Service Center and Vermont Service Center 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.