Q & A: Are end-client letters required for H-1Bs filed by IT consulting companies?

From the AILA/USCIS-VSC Stakeholders Conference dated 9/20/2010:

AILA Question: It is our understanding that end-client letters are not absolutely necessary when filing H-1B petitions for IT consulting companies. Please confirm whether other evidence such as affidavits from co-workers, security badges, screen shots of the projects for the end users, photos of the work-site with the employee on the premises, e-mail communications about the project, etc can be used in lieu of end-client letters. Please provide guidance as to what other evidence can be used to show that the beneficiary will be working on the project for the duration requested.

USCIS Answer: The January Employer/Employee memo and our current RFEs give numerous examples of evidence that may be acceptable to establish the petitioner’s right to control the beneficiary. Sufficient information from an end client can be a strong piece of evidence to establish the existence of work for the beneficiary and the petitioner’s right to control the beneficiary’s employment, however it is not the only evidence that is relied upon at the VSC. USCIS considers the totality of the evidence submitted to establish an employer-employee relationship, the work assignment with an end client, and the duration of such work assignment. While end client letters may provide important and unique insight into assessing an employer-employee relationship such as describing the employment relationship between the beneficiary and the end client, the ultimate work performed by the beneficiary, the and the duration of the end client work, end client letters are only one type of documentary evidence to be considered. USCIS is aware that some end client companies have a policy that prohibits them from confirming the existence of contract employees. In addition to the suggested items above, petitioners could provide a copy of the contract or contracts that relate to the end client employment, the related work order(s), invoices, or a statement from the end client addressing their policy on confirming contract worker status. Regardless of the quantity or types of documentation provided, USCIS will consider the totality of the evidence.