Friday, February 26, 2010

Recent Neufeld Memo on H-1Bs

A recently issued CIS memo on H-1B employment threatens to change the H-1B landscape just it time for the upcoming H-1B season. The memo discusses what employment relationships will be considered appropriate for H-1B purposes. Many employment relationships, particularly in the IT field, may no longer pass muster. In deciding weather an employer-employee relationship exist, CIS will place a heavy emphasis on the employer's right to control the work, and will question relationships where an employee is working off-site. In the case of H-1B extension requests, CIS will require proof of the relationship in the form of
W-2s and paystubs.

No comments:

Post a Comment