One of the H-1B visa eligibility requirements is that there must be an employer-employee relationship.  What this means is that the employer must be able to hire, fire, promote, and otherwise control the work the H-1B employee performs.

Consulting firms are vulnerable to employer-employee relationship issues because of the independent and irregular nature of the work.  For this reason, these employers must provide added evidence and documentation to prove this relationship in the position.  This means providing a copy of the employee contract, a detailed breakdown of the duties and responsibilities of the position, how employee performance is measured by the employer, and a complete itinerary of the work the H-1B employee will perform for the three-year duration of the H-1B visa.

In recent years, USCIS approved these visas without a work itinerary, but since 2017 petitions that do not include this documentation have been consistently met with RFEs and Denials.  Including this additional documentation along with a complete itinerary of work including clients and their contact information successfully can prevent and address these issues.

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Sheila Danzig

Sheila Danzig is the executive director of CCI  Sheila specializes in overturning RFEs and Denials for work visas.

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