USCIS Issues Guidance Memorandum On Establishing The “Employee-Employer Relationship” In H1B Petitions

U.S. Citizenship and Immigration Services (USCIS) issued 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. The memorandum is titled: “Determining Employer-Employee Relationship for […]

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USCIS Memorandum On Establishing The Employee-Employer Relationship In H1B Petitions

U.S. Citizenship and Immigration Services (USCIS) today issued updated guidance to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum addresses scenarios involving independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. An employer who seeks to sponsor a temporary worker in an […]

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H1B Cap For FY 2010 Has Been Reached

U.S. Citizenship and Immigration Services (USCIS) has announced that, as of December 21, 2009, it has received sufficient H-1B petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will apply a computer-generated random […]

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DOS Published Final Rule on Amended Requirements For Religious Workers

SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I-129 petition from the Department of […]

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