Third-Party Worksite RFEs and the Question of Employer Control

When an H-1B petition involves placement at a third-party worksite, U.S. Citizenship and Immigration Services often examines the structure of the employment relationship closely. A Request for Evidence may be issued if the agency questions whether a valid employer–employee relationship exists.

These RFEs typically arise when the beneficiary will work at a client location rather than directly at the petitioning employer’s office. In such situations, USCIS focuses on one central issue: control. The reviewing officer looks for proof that the petitioning employer, not the end client, retains the right to hire, pay, supervise, and terminate the employee. If the documentation does not clearly establish this authority, additional evidence is often requested.

Why Employer Control Becomes a Concern

One common issue involves contracts that describe a general business relationship but do not specify supervision or oversight. Agreements that lack details about project assignment, reporting structure, or day-to-day management may leave questions unanswered. Without clear language showing who directs the employee’s work, USCIS may question whether the petitioning company truly maintains control.

End-client letters can present similar challenges. When these letters are vague or fail to describe the actual job duties performed at the client site, officers may struggle to confirm both the nature of the role and the supervisory structure.

The Role of Supporting Documentation

In response to a third-party worksite RFE, petitions often include detailed contracts, statements of work, and end-client letters that clarify the services being provided. These documents help demonstrate that the petitioning employer retains authority over supervision and assignment.

Additional evidence can strengthen this explanation. Performance review processes, reporting structures, and project management documentation may show how oversight is maintained. Together, these records provide a clearer picture of how the employment relationship operates in practice.

USCIS may also ask for confirmation that specialty occupation duties will continue for the full validity period requested. Project timelines, milestone plans, and client confirmations can help establish that the work is defined, ongoing, and consistent with H-1B requirements.

Addressing the RFE Effectively

Third-party placement RFEs focus on clarity rather than assumption. When documentation directly connects contractual language with the legal requirement to demonstrate employer control, the questions raised by USCIS can often be resolved.

With organized evidence and a careful explanation of supervision, assignment authority, and regulatory compliance, petitions involving third-party worksites can still move forward successfully. The central issue remains straightforward: clearly showing who maintains control and how the work will be performed.