In January 2010, the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) introduced new rules for handling the H-1B applications in a memorandum. According to this new memo, employer-employee relationship must exist between the petitioner and the person who will benefit from this petition (beneficiary). And, this relationship must continue during the whole period of H-1B employment.
The petitioner must be in control of or supervise the beneficiary. A self-employed consultant does not qualify. The petitioner (employer) must be able to hire and fire the beneficiary. There are some restrictions if supervision is off-site rather than on-site.
The product produced by the beneficiary must be in the same line of business with the petitioner. Payment of the beneficiary by the petitioner and evaluation of beneficiary’s work by the petitioner are important areas of interest for the USCIS to determine if the employer-employee relationship is real and the beneficiary is eligible to get H-1B visa.
#1 by Sharon on February 11, 2010 - 9:01 am
The requirements for attaining a Green Card visa are changing all the time and they certainly are not getting much easier…That said, the H1 is a great visa for many people, so I hope that they remain fortuitous in their efforts.
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#3 by natasha pino on March 3, 2010 - 12:25 pm
Hi, please help me I’m a U S citizen and my husband got deported back to Mexico.We have 3 children together. He lived in the U.S. since he was 18 yrs and got deported Nov. of last year 09 . He has a couple DUI and a domestic on his record and when he got deported he went with the voluntary departure. Can i get him back to the U.S.? I really need help with my children pls help or if u could pls refer me to someone who can in help in this situation. Thanks.