Recently, the U.S. Citizenship and Immigration Services (“USCIS”) issued guidance to clarify the requirements for establishing an employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. An employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid employer-employee relationship. USCIS has defined such a relationship to hinge on an employer’s right to control the means and manner in which the H-1B worker’s services are performed. The memorandum addresses scenarios involving independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. Please contact us if you have any questions regarding this new USCIS guidance.
Click on the links below to download the Memorandum and Update which discusses this classification.