Are Copies of Contracts Required in Contracting Situations?
The NSC had requested copies of contracts between the petitioning employer and the client worksite. This type of request is not unusual in a contracting case. The AAO noted, however, that the NSC Directors request for contracts between the petitioner and the H1B beneficiary does not fall within any of INS guidelines. A November 13, 1995 memorandum from the Associate Commissioner for Examinations, cited by the AAO, states that contracts are not normally required in contractor H1B cases. No Legal Basis for INS’ Concept of “Speculative Employment” : The NSC denial also raised the issue of “speculative employment.” This is a familiar phrase to many immigration attorneys, because it is sometimes mentioned in INS requests for evidence (RFEs) in H1B cases. For example, the following language is sometimes used: “You must provide evidence that you have a bona fide position. If the beneficiary will be performing services at an outside location based upon a third party contract, please supply doc
Related Questions
- If a Metis settlement receives a FOIP request for copies of contracts with consultants, engineers or other contractors, could the Metis settlement release the records?
- Which contracts/contracting activities are required to be reported and which departments or agencies are required to report their information?
- Can copies of contracts with consultants, engineers, contractors be released in response to a FOIP request?
