H1B Visa Program 2010 - New Rule for H1B Sponsors / Employer Companies

On January 13th, 2010 the US Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid 'H1B employer-employee relationship' to qualify for the H1B visa 'specialty occupation' classification. 

The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.

The memorandum is titled: "Determining Employer-Employee Relationship for Adjudication of H1B Petitions, Including Third-Party Site Placements:  Additions to Officer's Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24)." 

In addition to clarifying the requirements for a valid H1B employer-employee relationship, the memorandum also discusses the types of evidence petitioners (H1B sponsor companies) may provide to establish that an H1B employer-employee relationship exists and will continue to exist with the H1B holder throughout the duration of the requested H1B visa validity period. 


Quick Summary:
the new H1B employer rule adds a lot of extra red tape for the following types of companies:

1. agencies and consulting firms that employee, but then sub-contract out the employee to work at a different client site location

* the rule does NOT affect agencies who provide services that facilitate the process of helping people to find sponsorship jobs at other end-companies who then employ and file for the H1B visa
  

What is the H1B Employer-Employee Relationship Rule For H1B Sponsors ?
Find out how it affects some H1B Sponsoring Companies and protects H1B Workers


H1B Employer-Employee Relationship - FAQ's For H1B Sponsoring Companies 
The USCIS answers frequently asked questions about the new H1B Employer Rule