| Establishing a Qualifying Employer-Employee Relationship for H-1B Application |
| Establishing a Qualifying Employer-Employee Relationship for H-1B Application |
| Hi
William, I was hired by a company to work in another company (my company's client). In my H-1B application documents, do I need to submit a letter from the client company to establishing that a qualifying employer-employee relationship exists between my company and me? Answer, Some H-1B visa petitions filed with United States Citizenship and Immigration Services (USCIS) involve employment in the Employer-Vendor-Client (EVC) relationship. In the EVC H-1B visa petitions, the H1B employee is placed at the worksite of a company other than the H-1B petitioning employer, as a result of contracts through vendors. In recent years, this type of H-1B petition has become more and more challenging, and USCIS may check the importance of end-client letters in these H-1B petition cases involving an EVC employment relationship. USCIS believes that an H-1B petition filed under an EVC relationship must demonstrate that there is an actual “employer-employee relationship” between the petitioning employer and the H-1B worker. The USCIS interprets this to mean that the H-1B employer is required to maintain the “right to control” the daily work of the H-1B employee, even when the alien worker is working remotely. The U.S. employer should establish the control over H-1B beneficiary's work or service. Also, a letter may not be required from the end client if petitioner can demonstrate the employer-employee relationship. While documents from the end-client may help USCIS determine whether a valid employer-employee relationship will exist, this type of documentation is not required. The petitioner may submit a combination of any documents to establish the evidence that the required relationship will exist. USCIS adjudicators will review and weigh all the evidence submitted to determine whether the petitioner have met the burden in establishing that a qualifying employer-employee relationship will exist. |
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