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USCIS Speaks on H-1B Employer/Employee Relationship

Today the USCIS issued guidance on the employer/employee relationship for purposes of H-1B specialty occupations. Whether a sufficient employer/employee relationship exists depends on the employer’s right to control the means and manner in which the work is performed. The USCIS is supposed to review a variety of factors (i.e. a totality of the evidence presented in the H-1B petition) to determine whether a valid employer/employee relationship exists. Among the factors include: the petitioner’s right to control the beneficiary; the supervision provided; the petitioner’s control of daily work and work product; and the petitioner’s right to hire, pay and fire the H-1B worker.

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