Uscis Memorandum On Employer-Employee Relationship

[xxxmen]

On January 2010, USCIS released a memorandum on determination of employer-employee Relationship. Its primary purpose is to restrict agencies that hire and file H-1B visa petitions for their employees, and then sub-contract their employees out on projects where the work is performed off-site at their clients offices. 

According to the memorandum, U.S. employer means a person, firm, corporation, contractor, or other association, or organization in the United States which: 
(1) Engages a person to work within the United States; 
(2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay,fire, supervise, or otherwise control the work of any such employee; and 
(3) Has an Internal Revenue Service Tax identification number 

USCIS must look at multiple factors to determine whether a valid employer-employee relationship exists. The petitioner must be able to establish that the employer has the right to control over when, where, and how the beneficiary performs the job 

Valid employer-employee relationship would exist in the following scenarios:
a. Traditional Employment
b. Temporary/Occasional Off-Site Employment
c. Long-Term/Permanent Off-Site Employment
d. Long Term Placement at a Third-Party Work Site 

The following scenarios would not present a valid employer-employee relationship:
a. Self-Employed Beneficiaries
b. Independent Contractors
c. Third-Party Placement/"Job-Shop" 

[ZuniorVentiyar]

kothagaa eminaa undaa andhulooo???

[Piscop]

Old na!!

[ZuniorVentiyar]

ledhu .. last updated timestamp change aindhi document ki ... sariga chudu 

Old na!!

 

[Darshwana]

[jaffanaadaffa]

A valid employee-employee should be like fish and water but it should not be like fish and fisherman anntunnadu USCIS vaadu, anthey ga.

[Yuvatha]

Old na!!

naa