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H-1B Third-Party Worksites

You run a consulting firm, staffing company, or technology services business where employees work at client sites rather than your office. You need to file H-1B petitions for workers who'll spend their time at client locations, but you're worried about satisfying USCIS documentation requirements without creating awkward situations with clients or revealing competitive information.

How do you prepare H-1B third-party worksites client letters that prove where beneficiaries will work and what they'll do while maintaining employer control over employees placed at client locations? The key lies in understanding what USCIS requires, obtaining appropriate client documentation, and structuring itineraries that demonstrate confirmed placements rather than speculative future work.

Need help documenting third-party worksite arrangements? Beyond Border develops documenting off-site H-1B employment strategies with compliant client letters and itineraries.

Understanding Third-Party Placement Scrutiny

Consulting firm H-1B itinerary requirements exist because USCIS scrutinizes arrangements where petitioning employers place workers at locations they don't control. Third-party worksite cases face higher denial rates than traditional employer-employee arrangements.USCIS policy established through precedent decisions requires petitioners to demonstrate that employer-employee relationships will exist for the entire petition validity period. When beneficiaries work at client sites, USCIS questions whether petitioners maintain sufficient control to constitute true employers.

The agency worries about "benching" arrangements where consulting firms petition for workers without confirmed client placements, planning to find projects after approval. USCIS views this as speculative employment failing to meet regulatory requirements for specific, non-speculative work.Client site supervision creates additional concerns. If client personnel directly supervise beneficiaries' daily work while petitioning employers have minimal involvement, USCIS may determine the client is the actual employer, making the petition fraudulent.

Itinerary gaps trigger denials or short validity periods. If you can only document work for six months of a three-year petition period, USCIS may deny entirely or approve only for the documented period, forcing frequent extensions.

What Client Letters Must Include

H-1B end client verification letters serve as critical evidence proving beneficiaries have confirmed work at specific locations performing specialty occupation duties. Effective client letters contain specific required elements.Project or assignment description should explain what work the beneficiary will perform. Don't settle for vague statements like "consulting services." Describe specific technical projects, systems the beneficiary will work on, or deliverables they'll produce.

Work location must be precise with full addresses. "New York office" is insufficient. Provide complete street addresses where the beneficiary will physically work. If working at multiple client locations, list all addresses with time allocations.The duration of the assignment needs start and end dates. Open-ended arrangements like "ongoing project" raise questions. Provide specific dates like "January 15, 2025 through December 31, 2025" showing confirmed engagement periods.

Acknowledgment that the petitioning employer's employee will perform work validates the arrangement. The letter should state something like "We confirm that [Petitioner Company]'s employee will work on this project at our facility" rather than appearing to hire the beneficiary directly.Contact information for client representatives allows USCIS to verify if needed. Include names, titles, phone numbers, and email addresses for client personnel who can confirm arrangement details.

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Building Comprehensive Itineraries

Consulting firm H-1B itinerary requirements demand detailed schedules showing where beneficiaries will work throughout petition validity periods. Strong itineraries demonstrate confirmed placements rather than hopeful projections.Cover as much of the petition period as possible with confirmed assignments. If filing for three years, document at least 18-24 months of confirmed work. Longer confirmed periods reduce USCIS concerns about speculative employment.

Break itineraries into specific assignments or projects with details for each. Rather than saying "will work at various client sites," list each engagement separately with location, duties, duration, and client information.Include supporting documentation for each assignment. Attach contracts, statements of work, purchase orders, or email confirmations from clients alongside client letters. Multiple evidence types corroborate claimed placements.

Address gaps honestly with contingency planning. If you have confirmed work for months 1-12 but months 13-36 are uncertain, explain your business model showing historical placement rates and pipeline of potential projects demonstrating reasonable likelihood of continued work.Update itineraries proactively when assignments change. When filing extensions or amendments, provide updated itineraries reflecting actual work history and new confirmed placements rather than relying on original speculative projections.

Maintaining Employer Control Documentation

Proving employer control third-party sites requires demonstrating that petitioning employers, not clients, control beneficiaries' employment despite off-site work locations. Control documentation must show genuine employer-employee relationships.Employment agreements should clearly establish that petitioners employ beneficiaries. Contracts should specify petitioners determine compensation, assign projects, evaluate performance, and maintain termination rights regardless of client site locations.

Project assignment authority proves employers control work. Document how you assign beneficiaries to client projects, remove them from assignments, and determine which clients they work for. Include email chains, assignment letters, or internal documentation showing assignment decisions.

Performance evaluations by petitioning employers demonstrate supervisory authority. Even if clients provide feedback about daily work, petitioners should conduct formal performance reviews, determine raises or bonuses, and make employment decisions based on overall performance.

Payroll and benefits administration by petitioners supports employer status. You pay beneficiaries directly, withhold taxes, provide benefits, and handle all employment-related obligations. Clients pay your company for services, not individual workers.Regular communication and oversight shows ongoing employer involvement. Document weekly check-ins, status reports beneficiaries submit to you, project updates, and your involvement in resolving issues even when beneficiaries work at client sites.

Contracts and Statements of Work

Staffing company H-1B documentation requires contracts between petitioners and clients establishing business relationships and confirming placements. These documents corroborate client letters and itineraries.Master service agreements establish ongoing relationships with clients. MSAs provide a framework showing you have established business relationships with clients where you'll place beneficiaries, reducing concerns about speculative arrangements.

Statements of work for specific projects detail exactly what services beneficiaries will provide. SOWs should describe technical scope, deliverables, timelines, and resources including beneficiary roles on projects.Purchase orders confirm clients committed to engage your services. POs with monetary values, effective dates, and project descriptions prove clients made concrete commitments rather than expressing vague interest in potential future work.

Task orders or work orders under master agreements show specific assignments. For government contractors or companies with ongoing client relationships, task orders document individual project assignments under umbrella agreements.Email confirmations or engagement letters from clients supplement formal contracts. If you don't have fully executed contracts yet but have client emails confirming assignments, include these to demonstrate confirmed rather than speculative work.

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Handling Sensitive Client Relationships

Obtaining H-1B third-party worksites client letters sometimes creates awkward situations with clients unfamiliar with immigration requirements or unwilling to provide detailed documentation.Explain USCIS requirements clearly to clients. Many clients don't understand why you need letters or what information USCIS requires. Provide templates showing exactly what you need and explaining this is standard immigration documentation.

Offer to draft letters for client review and signature. Rather than asking clients to write letters from scratch, prepare drafts containing required information in appropriate format. Clients simply review, revise if needed, and sign on letterhead.Address client confidentiality concerns proactively. If clients worry about revealing proprietary information, work with them to describe projects in general terms satisfying USCIS while protecting sensitive details. Redact truly confidential information if necessary.

Emphasize letters confirm existing work, not create new obligations. Clients sometimes fear letters commit them to employing beneficiaries or create liability. Clarify letters simply confirm current project plans without creating additional legal obligations.Use contracts and SOWs when client letters are difficult to obtain. If clients are particularly resistant to providing letters, rely more heavily on executed contracts, purchase orders, and statements of work as primary evidence of confirmed placements.

Common RFE Issues and Responses

When USCIS issues Requests for Evidence on third-party worksite cases, common concerns involve itinerary gaps, insufficient detail, or questioning employer control.RFEs questioning whether placements are speculative require additional confirmation. Provide updated client letters with more recent dates, executed contracts you've signed since filing, or documentation showing beneficiaries already started working at claimed locations.

RFEs requesting more itinerary detail need specific locations and duties. Break down general descriptions into project-specific details including exact addresses, technical tasks, technologies used, and percentage time allocations across multiple assignments.RFEs questioning employer control demand employment relationship evidence. Supplement with employment agreements, organizational charts, payroll records, performance evaluations, project assignment emails, and documentation showing your ongoing supervision despite client site locations.

RFEs noting itinerary gaps should be addressed with pipeline documentation. Show your placement track record, current business development efforts, pending proposals, and historical data demonstrating workers stay productively placed rather than benched between assignments.RFEs requesting end client verification may ask USCIS to contact clients directly. Ensure client contact information is accurate, notify clients they may receive USCIS inquiries, and prepare clients to confirm arrangement details if contacted.

Frequently Asked Questions 

What should client letters for H-1B petitions include?

H-1B third-party worksites client letters must include specific project descriptions, complete work location addresses, assignment start and end dates, acknowledgment that the petitioning employer's employee will work at client premises, and contact information for client representatives who can verify arrangement details if USCIS inquires.

How much of the petition period needs documented placements?

Consulting firm H-1B itinerary requirements work best when you document at least 18-24 months of confirmed client placements for three-year petitions, with stronger cases having longer confirmed periods and weaker cases risking denials or short approval periods matching only documented assignment durations.

Can I file H-1B petitions without confirmed client placements?

Staffing company H-1B documentation based on speculative future placements faces high denial rates since USCIS requires specific, non-speculative work, though you can supplement confirmed assignments with historical placement data and business pipeline information demonstrating reasonable likelihood beneficiaries will remain productively employed.

How do I prove employer control when employees work at client sites?

Proving employer control third-party sites requires employment agreements establishing you as employer, documentation showing you assign projects and control work, performance evaluations you conduct, payroll records proving you pay employees directly, and evidence of regular communication maintaining supervisory relationships despite off-site locations.

What contracts support third-party worksite arrangements?

Client letter requirements H-1B petitions are strengthened by master service agreements establishing ongoing relationships, statements of work detailing specific projects, purchase orders confirming financial commitments, task orders for government contracts, and email confirmations documenting assignment arrangements alongside formal client letters.

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