Requirement of "Employer-Employee Relationship"

Question:

My potential employer is an independent contractor, and it may place me at a third-party worksite. Do you think my situation could qualify for the H-1B visa application requirement of "employer-employee relationship"?

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Answer:

The H-1B regulations currently require that a United States employer establish that it has an employer-employee relations with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. USCIS clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.

In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including:

1) establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;

2) demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and

3) filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.

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