Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
Introduction
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee. USCIS will not rely upon the date that the petition is postmarked.
U.S. Citizenship and Immigration Services sent this bulletin at 03/27/2012 06:07 PM EDT
Dear Stakeholder,
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
To view FAQ please check the attachment.
Our office was retained to process an H-1 Change of Status petition for a Quality Assurance Engineer working on a turnkey project owned by a middle vendor at a client location. We explained to USCIS that the end-client was infact the vendor, who “owned” the project. USCIS denied the petition, holdingthat we had failed to obtain proper documentation from the end-client. We filed an MTR with extensive arguments and evidence that the petitioner was the actual employer of the beneficiary and that the vendor, not the end-client, owned the project.