A third party petitioner is one who petitions on behalf of an H-1B worker who will work “at” a qualifying institution, but where the alien is or will be employed by the third party petitioner, not the qualifying institution. In this case the Client is a private practice with Offices on the campus of the medical facility and is engaged in training Medical Residents allowing them to be part of faculty at the medical facility. They see themselves as an extension of the Medical Facility’s fellowship program. However, Residents have to be transferred to our client for reasons related to hospital billing practices and medical malpractice insurance requirements. The Service issued an RFE questioning the ‘qualifying relationship’. This fact pattern repeats itself in so many ways with our Clients and we have successfully used a June 2006 Memo on the subject to allow our clients to hire qualified candidates.
