March 14, 2012

USCIS Issues Q&A on Employee-Employer Relationships for H-1B Petitions

On March 12, 2012, the USCIS issued a Q & A memorandum to provide more information about the proof needed to establish a valid employer-employee relationship in H-1B petitions. The Q & A expands on the USCIS memorandum issued on January 8, 2010, 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.

To read the new Q & A memorandum, click here.