What Should Consider When Evaluating the H-1B Employer-Employee Relationship?

Question,

My potential employer may assign me to a client's worksite for long time. For the employer to apply for H-1B visa for me, what factors does USCIS consider when evaluating the employer-employee relationship? What types of evidence can my employer provide to demonstrate that I have a valid employer-employee relationship with the beneficiary?

Answer,

For the H-1B visa application requirement of employer-employee relationship, USCIS will evaluate whether the petitioner has the “right to control“ the beneficiary's employment, such as when, where and how the H-1B alien beneficiary performs the job. The factors to be considered include:

1) the manner and extent to which the petitioner actually supervises the H-1B alien beneficiary; 

2) the petitioner's right to control the alien beneficiary's daily work and work product; and 

3) the petitioner's right to hire, pay, and fire the beneficiary. 

USCIS adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists.

The H-1B petitioners should provide detailed documentation of the employment relationship. Particularly in cases in which the beneficiary will be assigned to third-party or client worksites, H-1B employers should carefully document that it, and the employer should have the right to supervise, direct, and review the H-1B visa holder's work, and terminate the employment. 

A detailed itinerary providing information on the multiple work locations should also be attached with the H-1B visa application documents.

http://www.greencardapply.com/question/question16/H1B_Employer_Employee_Relationship_112716.htm

http://www.greencardapply.com/h1b.htm