USCIS Guidance on Determining Employer-Employee Relationship in H-1B Petitions
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
USCIS issued updated guidance to adjudication officers clarifying what constitutes a valid employer-employee relationship to qualify for the H-1B specialty occupation classification, specifically targeting independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. Phase scope: Nationwide for all Form I-129 H-1B specialty occupation petitions filed with USCIS.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
On Jan. 8, 2010, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly for independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
Review method
Two separate automated exact-claim source reviews
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Other United States changes operative in 2010
- 2010-01-04HIV-based inadmissibility and required immigration HIV testing removed
- 2010-01-21Designation of Haiti for Temporary Protected Status
- 2010-03-15Temporary Agricultural Employment of H-2A Aliens in the United States
- 2010-03-31Deferred Enforced Departure and Employment Authorization Extension for Liberians
- 2010-04-05incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec.
- 2010-07-06Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation
- 2010-08-13Border Security Supplemental H-1B Nonimmigrant Fee Surcharge
- 2010-08-13Border Security Supplemental L-1 Nonimmigrant Fee Surcharge
- 2010-11-23Humanitarian parole applications made eligible for hardship fee waivers
- 2010-11-23Military members and veterans exempted from citizenship certificate application fees
- 2010-11-23Refugee travel-document application fees reduced under the 2010 USCIS fee schedule
- 2010-11-30International Adoption Simplification Act of 2010