Friday, January 15, 2010

CIS issues FAQs on recent memo on "employer-employee" relationship

USCIS has published an FAQ memo to its website, that answers some common questions about how H-1B petitions for consulting companies will be treated now. The memo addresses what evidence should be provided with H-1B petitions, what will happen if the evidence does not prove an "employer-employee" relationship, whether an itinerary is required, and more.

The memo stresses a few times that a petitioner is only obliged to submit evidence that "is required by regulations." Any other evidence, including in response to a Request for Evidence, can be "other similar probative evidence." We'll see.....

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