USCIS requires proof that the offered job requires specialized knowledge and a bachelor's degree (or higher) in a specific field of study. To meet this requirement:

 

• The job title and duties should correspond with a degree in a specialized field (e.g., a Software Developer role requires a degree in Computer Science, Software Engineering, or a closely related field).
• If the degree is in a different field, provide expert opinion letters or work experience evaluations to establish how the beneficiary's education and prior experience qualify them for the role.

3. Prove the Job Exists Either In-House or at a Client Site:

USCIS scrutinizes whether an H-1B employer actually has work for the beneficiary at the time of filing. To confirm the availability of work, the employer must show:

• In-House Employment: If the job is performed within the petitioner's company, provide organizational charts, project descriptions, work assignments, and payroll records.
• Third-Party Worksite Employment: If the job is at a client site, additional documentation is required, including:
• End-Client Letter (confirming the beneficiary's assignment, duration, and job duties).
• Master Services Agreement (MSA) (contract between the H-1B employer and the end client).
• Purchase Orders and Work Orders (to show actual project availability).

Providing these documents upfront will prevent RFEs related to third-party worksite placement.

4. Ensure Compliance with the H-1B Modernization Final Rule:

Under the H-1B Modernization Final Rule, petitioners must prove compliance with the updated specialty occupation criteria:

A. Specialty Occupation Definition:

• The Software Developer position qualifies as a specialty occupation because:
• The job requires specialized knowledge.
• A Bachelor's degree (or higher) in a relevant field (e.g., Computer Science, Information Technology) is a minimum requirement for the role.
• The job duties align with industry standards and the Department of Labor's Occupational Outlook Handbook (OOH) requirements.

B. Bona Fide Job Offer:

• The employer must prove that the job offer is genuine and non-speculative.
• Evidence includes:
• Offer letter detailing the job duties and required qualifications.
• Employment agreement with the beneficiary.
• Project documentation confirming the availability of work as of the requested H-1B start date.
• Supporting evidence such as contracts, project statements, and work assignments (attached as Exhibit D).

C. Labor Condition Application (LCA) Compliance:

• A certified LCA from the Department of Labor (DOL) must match the H-1B petition details (job title, location, salary, and SOC code).
• The LCA ensures that the employer complies with wage and working condition requirements (attached as Exhibit C).

D. Employer's Legal Presence and Ability to Pay:

• USCIS may request evidence that the H-1B petitioner is a legitimate U.S. employer and is financially capable of paying the proffered wage.
• Supporting evidence includes:
• Company registration documents (state incorporation papers).
• Business tax returns, bank statements, or financial statements.
• Employer identification number (EIN) and lease agreements (attached as Exhibit E).

E. Deference Policy – Requesting USCIS to Follow Prior Approvals

• If a previous H-1B petition for the same employer and beneficiary was approved, request deference based on USCIS's prior determinations.
• This means that, if no material changes have occurred, USCIS should approve the petition without additional scrutiny.

5. Reduce the Risk of an H-1B RFE with Proper Documentation:

• The termination of Venezuela's 2023 TPS designation will take effect 60 days after the publication of the official Federal Register notice.
• TPS protections and related benefits, including work authorization and deportation relief, granted under the 2023 designation will no longer be valid after this period.
• Venezuelan nationals who held TPS under previous designations should review their status to determine if they remain eligible under other immigration provisions.

DHS Justification for Termination:

DHS officials stated that the decision was based on an updated assessment of country conditions, suggesting that circumstances in Venezuela have changed enough to no longer justify TPS protections under the 2023 designation. While specific details on the reassessment were not immediately provided, TPS terminations typically consider factors such as improved political stability, economic conditions, and humanitarian situations.

Next Steps for Venezuelan TPS Beneficiaries:

Venezuelans currently protected under the 2023 TPS designation should take the following steps:

• Review alternative immigration options: Individuals who no longer qualify for TPS may explore asylum, family-based petitions, employment-based visas, or other legal pathways to remain in the U.S.
• Monitor official DHS and USCIS announcements: DHS will issue a Federal Register notice with additional details, including possible transition measures for affected beneficiaries.
• Seek legal counsel: Those impacted should consult immigration attorneys or accredited representatives to understand their options and ensure compliance with U.S. immigration laws.

Background on Venezuela TPS:

• The 2023 TPS designation was granted due to ongoing humanitarian concerns in Venezuela, including economic collapse, political instability, and widespread human rights violations. DHS has previously extended TPS for Venezuelans on multiple occasions, citing deteriorating conditions. However, this latest decision marks a shift in the U.S. government's assessment of Venezuela's situation.

1. Physical Posting at the Third-Party Worksite:

 

The most straightforward way to comply with the LCA posting requirement is by physically posting the LCA notice at the third-party worksite. Employers can do this by:

• Posting the LCA on bulletin boards or other common areas accessible to all employees (e.g., break rooms, HR offices).
• Informing the third-party client of the posting obligation and requesting cooperation in displaying the notice.

• Maintain an LCA Posting Landing Page on their company website and provide affected workers with the direct link.
• Include a menu bar or searchable index on the company's main website to allow workers to find their specific worksite's LCA
• Request the third-party client to post a link to the LCA notice on their intranet or internal communication system.
• Email a direct link to the LCA to all affected employees working at the third-party site.

3. Email Notification to Affected Workers:

Another compliance-friendly approach is emailing the LCA notice directly to affected workers at the third-party worksite. According to DOL guidance, an employer may satisfy the posting requirement by:

• Sending an email containing the LCA link to all impacted employees at the third-party location.
• Ensuring the email explicitly states which LCA applies to that specific worksite.

This method is useful when physical posting is not possible, and it ensures that all workers have direct access to the required notice.

Best Practices for Ensuring Compliance:

To avoid potential issues with LCA postings at third-party sites, employers should adopt the following best practices:

1.Document Compliance Efforts

•  Keep records of how the LCA was posted (physical or electronic).
• Maintain screenshots, emails, or signed acknowledgments from the third-party client confirming that the LCA was posted.

2. Inform Affected Workers

• If using an electronic posting, provide a clear notification to affected employees, ensuring they can find their worksite's LCA notice.

3. Include LCA Posting in Work Agreements with Third-Party Clients

• If the H-1B employee will work at a third-party site, include a contract clause requiring the client to allow LCA postings (physical or electronic).

4. Monitor for Compliance

• Regularly check that the LCA remains accessible for the required 10-day posting period
• Keep a centralized record of all LCAs posted for third-party placements.

Conclusion:

The LCA posting requirement for H-1B workers at third-party sites can be met through physical posting or electronic alternatives. While physical posting remains the most direct approach, electronic posting via a company website, third-party intranet, or email notifications is equally compliant under DOL guidelines.

Employers should ensure that affected workers are aware of the notice location and can identify the applicable LCA, thus fulfilling the notice obligations under H-1B regulations. Proper documentation and proactive compliance measures can help avoid issues during DOL audits or H-1B site visits.