On Jan 13, 2010, USCIS issued updated guidance to adjudication officers clarifying the requirements to establish the employer-employee relationship required for H-1B petitions approvals. The memo looks at three categories of employment relationship: independent contractors, selfemployed beneficiaries, and beneficiaries placed at third-party worksites. Suggested evidence to establish the relationship in these circumstances includes a complete itinerary of services or engagements; a signed employment agreement with the beneficiary; and/or relevant portions of valid contracts including statements of work, work orders, or service agreements with the end-user client. The adjudicator will use the submitted evidence to evaluate such factors including the manner and extent to which the petitioner actually supervises the beneficiary; the petitioner’s right to control the beneficiary’s daily work; and the petitioner’s right to hire, fire, and pay the beneficiary. Adjudicators are to look at the totality of the circumstances when determining whether a qualifying employeremployee relationship exists for H-1B purposes.