In-House Projects on H1B

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding in-house projects in the H1B context.

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[Divya Reddy]

Hello,

what are major differences between in-house project and client letter where employees are deployed.

As i heard from some of experts, The employees who are offered for In-house project those Visas are rejected in 2016 year. is it true??

what are the possibilities to reject in house project Visa's.

[Attorney_22]

On 3/24/2017 at 6:14 AM, Divya Reddy said:

Hello,

what are major differences between in-house project and client letter where employees are deployed.

As i heard from some of experts, The employees who are offered for In-house project those Visas are rejected in 2016 year. is it true??

what are the possibilities to reject in house project Visa's.

The H1B program requires a clear employer/employee relationship and bona fide employment through evidence of the current need for the H1B employee. Generally, when an employer employs the vast majority of their workforce in-house it is unlikely there will be issues regarding the relationship and the current need. However, in the context of IT consulting, where the vast majority of the workforce is deployed at client sites, USCIS is more likely to question the legitimacy of an Employer's statement that they have sufficient in-house work to require additional workers. Therefore, 2016 saw an increase in denials of H1B petitions when USCIS considered evidence insufficient of the IT in-house project.