H-1B Visa Employer/Employee Relationship

The 2010 Neufeld H-1B Visa memo requires employers to prove whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee.

The January 2010 Neufeld Memo established the parameters for the H-1B Visa Employer-Employee relationship.

Listed below is a list of Required Documents to prove whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee.

In House Work Location:

Sample H-1B Visa Cover Letter to USCIS – In House employment.

Request for Evidence (RFE) – In House Work Location.

If the correct h-1b visa supporting documentation and information is not properly submitted in the initial petition, USCIS may issue a Request for Evidence (RFE).

The Petitioner is then given 90 days to submit the requested documentation and information.

Sample Request for Evidence (RFE) Response for In-House Employment

3rd Party Offsite (Client) Work Location:

Sample End Client Letter

This type of letter is usually required by USCIS to provide evidence of the employer/employee relation based on the rules in the January 8, 2010 Neufeld memo.

Sample Organizational Chart.

Sample Description of Performance Review Process.

Sample Statement of Work for Professional Services.

Request for Evidence (RFE) – 3rd party (offsite) work location.