GLOSSARY

Employer-Employee Relationship

A requirement that the H-1B employer have the right to control the worker's employment.
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About Employer-Employee Relationship

<p>USCIS requires that an H-1B petitioner be a real employer, not just a middleman. The employer must have the ability to:</p><ul><li>Hire</li><li>Pay</li><li>Supervise</li><li>Fire the H-1B worker</li></ul><p>In consulting or third-party placements, this relationship can be scrutinized – USCIS may ask for evidence (contracts, itineraries) showing the petitioning company maintains control over the worker's tasks and location. It's a factor to prevent <b>'body shop'</b> arrangements where a petitioning company might not actually be the one directing the daily work of the H-1B.</p>

CATEGORY

Employment Requirements

KEYWORDS

employer-employee relationship, control, supervision, third-party placement, body shop, consulting

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