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USCIS issues guidance on "Employee-Employer Relationship" in H1B petitioners


phillips prasad

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I will add few things i know about this:

1. There will be no consulting concept in USA anymore.
2. If your company has developed a product, and sell's it to different customers. Only in that case that company can have consultant who will go to clients location and install & train the client and gets back to his employer. He will have to report back to this employer at the end of the day, not to his client.
3. Your company cannot supply consultants to any company who will work on third party's product.
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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. 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.



[url=http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD]http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD[/url]


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above link doesn't work check this...



[url=http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD]http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD[/url]

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