Proving ties to home country for B-2 visa application

[sam3612]

The relevant Code of Federal Regulation is title 8 sec 274a.1(h) https://www.uscis.gov/ilink/docView/...0-0-28770.html which states, in pertinent part:



Case law clarifies that:
* the phrase "by an employee for an employer" also includes the case when the employee and the employer are one and the same (ie self employment); and
* a constructive employee-employer relationship may exist regardless of the formalities (or lack thereof), or the nature or timing of compensation

The Department of State and USCIS policy views the phrase "within the United States" as referring to the "service or labor performed by an employee", not to the "employer". As far as I know, case law has yet to be made in this area. Most people who are subject to an adverse decision in this grayish area will never have standing to challenge this determination, which would explain why there hasn't been a test case yet

Thanks very much for this, so helpful. Where is it stated that The Department of State views the phrase "within the United States" as referring to the "service or labor performed by an employee", not to the "employer"