Recently, the US Citizenship and Immigration Services (“USCIS”) issued guidance to clarify the requirements for establishing an employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. An employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid employer-employee relationship. USCIS has defined such a relationship to hinge on an employer’s right to control the means and manner in which the H-1B worker’s services are performed. The memorandum addresses scenarios involving independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. Please contact us if you have any questions regarding this new USCIS guidance.

Click on the links below to download the Memorandum and Update which discusses this classification.

USCIS Memorandum

USCIS Update - Questions and Answers