Following litigation USCIS entered a settlement agreement on May 20, 2020 with the IT serve Alliance (an association of IT services, staffing and Consulting organizations.) Per the terms of the agreement:

  1. USCIS will within 90 days of May 20, 2020 rescind the 2018 USCIS policy memo that required H-1B Petitions for of-site employees, to include contracts and SOWs.
  2. USCIS will abstain from the application of the 1991 itinerary requirement, 8 C.F.R. § 214.2(h)(2)(i)(B) until new adjudicative and/or regulatory guidance is issued by USCIS or DHS.
  3. USCIS will reopen and adjudicate a specified list of cases that are part of the settlement. For such cases will not apply the interpretation of the current regulatory language in 8 C.F.R. § 214.2(h)(4)(ii), defining “United States employer” to require an analysis of employer-employee relationship under common law. USCIS will issue approvals for the time period requested on the reopened cases unless decisions include a brief explanation as to why the validity period has been limited. USCIS will provide a decision within 60 days of receiving an RFE response on such cases.
  4. The agreement does not prevent USCIS from issuing regulations of sub-regulatory guidance including policy memorandums.