New H1B Memo

[vidukarth]

Hi I am planning to travel to India over the weekend and made all arrangements for that. I need to get my H1B stamping for the first time.
I work for a small Indian consultant and have the client letter and project for a long time.

But with the new H1B memo for the employer employee rule, will that cause any issues with the stamping and if visa stamp is successful, will that cause issues at the port of entry. I heard people are deported.

Please advise as am travelling this weekend. Based on that I would travel or drop.

Thanks

[shervin143]

Should not be a problem as long as you have a project in hand and you carry enough pay slips to prove that you are in valid H1B status and that you are maintaining a proper employer/employee relationship. Do carry an employment verification letter and a client letter if possible.

[vidukarth]

hi, thanks
the problem is about the employer employee verification. i work at the client place and my employer doesn't control or supervise me.
will that have any issues?

[shervin143]

This memorandum about the employer/employee relationship is completely new. Not sure what this will mean to the consultancy business. We need to wait and watch. Here is how USCIS defines the employer/employee relationship.

Source: Google

• Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
• If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
• Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
• Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
• Does the petitioner hire, pay, and have the ability to fire the beneficiary?
• Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
• Does the petitioner claim the beneficiary for tax purposes?
• Does the petitioner provide the beneficiary with any type of employee benefits?
• Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
• Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
• Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?

[txh1b]

hi, thanks
the problem is about the employer employee verification. i work at the client place and my employer doesn't control or supervise me.
will that have any issues?

To qualify for a H1b, the employer - your company must have total authority over what you do and hire-fire decisions, conduct yearly reviews etc. If not, you do not have a relationship that qualifies for a H1b.