H-1B RFE | Understanding the Employer-Employee Relationship
USCIS Updates FAQs on Establishing The 'Employer-Employee' Relationship In H1B Petitions. August 30, Under the recently announced USCIS'. USCIS' memorandum lists a variety of factors to be considered when evaluating the Evidence must show the employer-employee relationship will exist. The USCIS issues an H-1B RFE employer-employee notice when there's ambiguity regarding the relationship between the worker/supervisor.
Relevant contracts Leases or deeds If you are missing any documents necessary for the desired visa in this case, an H-1Bthen the USCIS reserves the right to reject or deny your petition outright.
H1B Visa Employer – Employee Relationship Memo by USCIS aka Neufeld Memo
However, in many cases, the Service will send you an RFE. You can think of this as a second chance to salvage your H-1B petition. You will be given a window to respond to the RFE, after which, if no response is given, your petition will be denied or rejected. The first thing you should do after getting an RFE is to bring it to your immigration attorney, who can help you formulate a timely response. S employer is defined as a person, firm, corporation, contractor, or other association, or organization which: Some of these include: Whether or not the employer maintains direct supervision of the H-1B employee If the work and supervision are on the job site or at a different location If off-site supervision takes place, then how does the employer maintain oversight i.
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On a daily basis, they go above and beyond the call, providing superior service with a 'human touch'. It's this kind of dedication and customer service that differentiates ILG from other immigration law firms. We are delighted to be their client. I commend you and your company for outstanding service to clients.
They are readily available for phone conferences, and answer all our questions promptly. No one even comes close to the kind of diligence you put into your work. I am truly amazed If the type of evidence requested in the RFE is not a document that is required by regulations, you may submit other similar probative evidence that addresses the issue s raised in the RFE.
You should explain how the documents you are providing address the deficiency ies raised in the RFE.
Adjudicators will review and weigh all evidence based on the totality of the circumstances. Please note that you cannot submit similar evidence in place of documents required by regulation. Will my petition be denied if I cannot establish that the qualifying employer-employee relationship will exist?
If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to an RFE.
Your petition will be denied if you do not provide sufficiently probative evidence that the qualifying employer-employee relationship will exist for any time period.
What if I can only establish that the qualifying employer-employee relationship will exist for a portion of the requested validity period? Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period as long as all other requirements are met.
Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition.
The only exception is if there is a compelling reason to approve the new petition e. Such exceptions would be limited and made on a case-by-case basis.
USCIS Updates FAQs on Establishing The ‘Employer-Employee’ Relationship In H1B Petitions
Would my petition be adjudicated under the section of the memorandum that deals with extension petitions? The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment.
All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions. I am a petitioner who will be employing the beneficiary to perform services in more than one work location.