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USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship

Does this memorandum change any of the requirements to establish eligibility for an H-1B petition?

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ANSWER: 

No. This memorandum does not change any of the requirements for an H-1B petition. The H-1B regulations currently require that a United States employer establish that it has an employer-employee relationship with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including:

  • establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;
  • demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and
  • filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.

See more at: http://www.immigration.com/news/h-1-visa/uscis-updated-questions-answers...



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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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