January 14, 2010
The USCIS has finally released its long-awaited guidance on the evidence petitioners must submit in filing petitions for employees who will be primarily employed at third-party sites (i.e. client or customer sites). Briefly, the USCIS wants a detailed itinerary for all employees working at third-party sites as well as documents from the petitioner's client/customer confirming the employee's assignment. For extensions, the USCIS is requesting, in addition, documents demonstrating compliance with the terms and conditions of the H-1B status during the period of employment in the U.S. The Memorandum also addresses the broader issue of what constitutes an “employer-employee” relationship in relation to H-1B petition. In the words of the USCIS, the employer-employee relationship “hinges on an employer’s right to control the means and manner in which the work is performed.” The USCIS has issued a Press Release and Question and Answer in relation to this Memorandum which can be found on the USCIS website.
