U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Here is a question from our clients-only extranet.
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
If your H-1B employer has stopped paying you, placed you at a work location different from the one listed on the Labor Condition Application (LCA), or otherwise violated the terms of your H-1B employment, you have a powerful and cost-free remedy available: filing a complaint with the U.S. Department of Labor's Wage and Hour Division (WHD).
Published by: The Times of India - February 12, 2026
https://timesofindia.indiatimes.com/business/india-business/the-2027-h-1b-season-revised-strategies-for-sponsoring-employers-and-implications-for-aspirants/articleshow/128256141.cms
Quotes and Excerpts from Rajiv in the article: