What is the difference between ‘off-site’ and ‘third-party placement’?

In the H-1B context, the terms off-site and third-party placement describe different arrangements regarding where the professional works, and the distinction matters for the compliance analysis of the petition.

Off-site refers to working outside the headquarters or usual location of the sponsoring employer. The sponsoring employer remains the legal responsible party and the supervisor, and the work address and conditions must be listed in the petition and in the LCA (Labor Condition Application).

Third-party placement, on the other hand, involves placing the professional in the environment of a third party (a client or entity with whom the sponsor has a services contract). The employment relationship remains with the sponsor, but day-to-day work takes place at the third party’s location, which typically requires more detailed proof of tasks, supervision, and the relationship between the parties for the USCIS.

• Off-site: outside the sponsor’s own headquarters, still under its management.
• Third-party placement: at a client’s or contracting third party’s location.

Since these arrangements require careful documentation to maintain compliance, it is worth confirming the current requirements with the USCIS or with a specialist when structuring the placement.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.