Employee-Employer relationship in H-1B petitions

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 work sites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements:  Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).”

In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.

Please click on the link below to read USCIS’ answers to some of the frequently asked questions on this issue:

4 thoughts on “Employee-Employer relationship in H-1B petitions

  1. hi ,

    What are the Document need to work in US as Employee ( if consultancy offer me to work US ) . i m Non US employee

    Send me the possibility to work in US ?

  2. i need to set up the dial in meeting for FEB18TH Invitation for H1b employers – EMPLOYER-EMPLOYEE RELATIONSHIP- i did send email to mary.herrmann@dhs.gov and also called 202-272-1213 and left a voice msg, as of now i dint receive any reply