From the AILA/USCIS-VSC Stakeholders Conference dated 9/20/2010:
AILA Question: In third party placement situations, USCIS is utilizing the Contracts/Client letters to determine that there is “qualifying employment” for the requested validity period. In many instances where clients are unable or unwilling to commit to a Statement of Work beyond 6 months we are seeing H-1Bs being approved for 1 year. Can VSC use evidence of past employment history in the form of W-2s and paystubs (for extensions with the same employer) as a test for future “qualifying employment?” Please advise us of the criteria USCIS is using in deciding the validity period to be granted for H-1B requests, keeping in mind that H-1B extensions are costly to petitioners, and shortened validity periods can lead to a number of consequences, such as the expiration of drivers licenses tied to I-94 validity for H-1B beneficiaries and their dependents.
USCIS Answer: When an employer-employee relationship is established in a third-party employment situation, USCIS grants an approval period to cover the amount of time for which the third party work assignment is established. To accommodate third party work assignments that are documented for less than one year, USCIS will provide a one-year approval. Past employment history may not be used to establish future employment.
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