H-1B Visa Policy for Staffing Companies Struck Down, Again

A second federal court has ruled that a policy for employers that place H-1B high-skilled guestworkers at third-party worksites can’t be enforced.

The U.S. District Court for the Northern District of Georgia found invalid a February policy memo from U.S. Citizenship and Immigration Services requiring information technology staffing companies that place their H-1B workers at third-party sites to list each site where a visa holder will work for the visa’s entire three-year term, and requiring petitioners to prove they would remain an “employer” for the visa’s duration.

There is “no basis” in federal immigration law or the agency’s regulations for ...