bubbly2009
Star Member
- Jan 27, 2009
- 2
- Category........
- Visa Office......
- Buffalo to Detroit
- NOC Code......
- 2131
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 02/03/2010
- AOR Received.
- 26/06/2010
- File Transfer...
- 26/10/2010
- Med's Request
- 26/06/2010
- Med's Done....
- 12/07/2010
- Interview........
- N/A
- Passport Req..
- 1/7/2011
- VISA ISSUED...
- 1/10/2011
- LANDED..........
- 1/14/2011
this is the info i found in a law firm website i think it would better contextrezendgi said:Ok, this would mean .. no more switching companies .. and just stick to the same company ......
No Valid Employer-Employee Relationship
Also provided in the memo are examples that the USCIS considers to be illustrations of situations without a valid employer-employee relationship.
Self Employment - Problematic
Among the examples of problem areas is self-employment, as there is no outside exercise of control over the work. There is no separation between the individual and the employer, and thus no independent control.
©MurthyDotCom
Independent Contractor - Problematic
The same basic analysis is set out for independent contractors, such as independent sales representatives.
©MurthyDotCom
Job Shop Arrangements - Problematic
The most important example for IT consulting situations is the example of third-party placement or "job-shop" arrangements. The USCIS does not consider that there is a valid employer-employee relationship if the petitioner contracts with outside companies to fill their staffing needs. The positions are filled on an as-needed basis, rather than specifically being outlined in a contract between the petitioner and the third party. The beneficiary reports to a manager who is an employee of the third-party company. The beneficiary does not get work assignments from the petitioner; rather, the third-party company issues the assignments. The petitioner does not control the work, and there is no proprietary information regarding the petitioner that is used in the process. The end product is not related to the petitioner's business of IT consulting, and reviews are completed by the end client. The petitioner does not have the right of control and does not exercise control. Accordingly, there is no employer-employee relationship in this example.