Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
What Should Consider When Evaluating the H-1B Employer-Employee Relationship?

Hi William,

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?


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.

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com