With USCIS Policy Recission, H-1B Employers Can Now More Easily Prove the Employer-Employee Relationship | Chugh LLP

With USCIS Policy Recission, H-1B Employers Can Now More Easily Prove the Employer-Employee Relationship

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By: Jacqueline Valle and Tanvi Gadkari

On June 17, 2020, United States Citizenship and Immigration Services (USCIS) rescinded two policy memos, making it easier for employers to prove the employer-employee relationship on H-1B visa petitions. Instead of needing to demonstrate all the elements of an H-1B employer-employee relationship, employers will now only need to demonstrate one of the following: whether they have the ability to hire, pay, fire, supervise, or otherwise control the work of the employee. This change will likely make it easier to complete H-1B petitions and avoid Requests for Evidence (RFEs).

What This Change Means for H-1B Employers

Employers will be able to prove the employer-employee relationship, or their ability to “hire, pay, fire, supervise, or otherwise control” the work of H-1B employees, with significantly less documentation than before.

It is no longer mandatory to submit evidence of the H-1B visa beneficiary’s day-to-day work assignments. The recent guidance also lifts the requirement to submit legal contracts between the employer and third parties. Further, organizations no longer need to provide an itinerary with project details. These changes are a welcome relief to employers, many of whom had difficulty getting documentation from third party vendors because of project confidentiality.

Basic documentation like employment contracts, appraisal letters, and pay records issued between the company and its employees can help establish a bona fide employer-employee relationship.

Conclusion

For any questions related to changes in H-1B visa documentation, or any other H-1B visa related questions, contact your trusted Chugh, LLP attorney.

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