US Citizenship and Immigration Services on Wednesday rescinded and replaced two policy memoranda regarding the adjudication of H-1B petitions for workers assigned to job sites by third parties, including staffing firms. The memo instructs officers to stop applying previous policies that required staffing firms to provide detailed itineraries and job duties for H-1B candidates.

The new guidance contained in the policy memorandum and the rescinding of prior memoranda are effective immediately and apply to any pending or new requests for H-1B classification, including motions on and appeals of revocations and denials of H-1B classification.

“In support of the petition, an H-1B petitioner is not required by existing regulation to submit contracts or legal agreements between the petitioner and third parties,” the memoranda states. “However, the petitioner must demonstrate eligibility for the benefit sought. In assessing whether an employer and a beneficiary have or will have an employer-employee relationship, the officer may consider any evidence provided by the petitioner, including chain of contracts or legal agreements between the petitioner and third parties. Further, if a petitioner provides contracts or legal agreements, the officer is not precluded from evaluating that evidence in the adjudication of other eligibility criteria.”

A bona fide job offer must exist at the time of filing, and guidance concerning “benching” remains unchanged — the practice is prohibited except in certain limited circumstances.

The full policy memorandum is online.