In 2018 the Trump administration created a new mandatory requirement that H-1B employers engaged in third party placement to prove the existence of guaranteed specific work projects for the duration of the requested visa validity period. USCIS also required a complete itinerary for the employee’s full stay in the United States (up to three years). The agency also reaffirmed its employer-employee relationship test (aka “Neufeld Memo”) for each visa. Using these rules USCIS would shorten approvals to coincide with evidence of projects. After the implementation of these rules, approvals of H-1B visas went from an historic average in the high 90% range to the low 30% range. Wasden Law filed a lawsuit challenging: the legality of the employer-employee relationship test; the requirement to provide an itinerary; and, the requirement to prove the existence of projects at the of filing. In a now famous court decision, the court ruled that all three requirements violated the plain language of the statute and regulations. The government entered a settlement agreement following the court decision disavowing the rules. Approval rates of H-1Bs went back to the 90% range.
