NewsFlash! Big Win for H1B Workers, Employers in Settlement Agreement Between USCIS and IT Serve Alliance

Yesterday, the U.S. Citizenship and Immigration Services (USCIS) and IT Serve Alliance reached a settlement agreement, which should positively impact the H1B process for many IT workers and employers. According to the settlement agreement, the USCIS agreed to the following:

  • The USCIS will withdraw the 2018 Contract and Itinerary Memorandum in its entirety within the next ninety (90) days.
  •  The USCIS will stop applying the 1991 Regulatory Itinerary Requirement, which requires an employer to submit a detailed itinerary, including dates and locations of services, when an H-1B employee is performing work at multiple locations.

More details on the 2018 memo are available in the MurthyDotCom NewsBrief, Analysis of USCIS Memo on H1B Workers Placed Offsite  (01.Mar.2018).

As MurthyDotCom reported last week, the USCIS filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit Court to challenge the trial court’s decision, a summary of which is available in the MurthyDotCom NewsBrief, IT Consulting Firms Victorious in H1B Lawsuit Against USCIS (26.Mar.2020). But, this settlement agreement should end this bid to appeal the decision.

The settlement agreement is a welcome victory by many IT consulting companies who have faced challenging H1B requests for evidence (RFEs) or denials following the issuance of the February 2018 guidance. The Murthy Law Firm will closely follow and report on any developments from this agreement.


Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.