USCIS Rescinds the Neufeld and Contracts/Itineraries H-1B Memos
Following a May 2020 settlement in ITServe Alliance v.
Published
2020-06-17
Summary
Following a May 2020 settlement in ITServe Alliance v. Cissna, USCIS rescinded two restrictive H-1B policy memos on June 17, 2020: the 2010 'Neufeld memo,' which had set a stricter test for proving an employer-employee relationship (especially for third-party/consulting placements), and a 2018 memo requiring detailed itineraries and end-client contracts for the full requested validity period. USCIS can no longer deny a case based solely on those rescinded standards.
Current status
This is the current operative standard — an employer-employee relationship for H-1B purposes is evaluated under the regulatory definition and general adjudication standards, not the rescinded memos' stricter tests. A case's own status text or history referencing a request for contracts, work orders, or itinerary detail can still reflect an officer's independent evidence request under current rules, not a revival of the rescinded policies.
Source: USCIS: Questions & Answers: Memoranda on Establishing the Employer-Employee Relationship in H-1B Petitions
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