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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