In our previous post, we talked about how to determine whether there is valid employer-employee relationship for an H-1B petition. In order to satisfy the H-1B requirements, there must be valid employer-employee relationship during the entire H-1B period. The employer must have the right to control the employee’s work and have the right to hire and fire and supervise the employee’s work.
To establish the employer has those rights, the employer can provide a combination of or similar types of documents for an initial H-1B petition:
- A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and address of the actual employers, and the names and address of the establishments or locations where the services are to be performed during the H-1B period of time.
- Copy of the signed employment agreement between the employer and employee detailing the terms and conditions of the employment.
- Copy of employment offer letter detailing the terms and conditions of the employment.
- Copy of relevant portion of contracts between the employer and a third-party client of the employer showing the nature of the work and job duties, and the employer has the right to control the employee’s work.
- Documents describing the position, job duties, method of payments, employee benefits and employee taxes.
- A description of employee performance review process.
- Employer organization chart showing employee’s position.
For an H-1B extension petition, the employer can provide a combination of or similar types of these documents:
- Copy of the employee’s pay records for the previous approved H-1B periods.
- Copy of time sheet for the previous approved H-1B periods.
- Copy of documentation of employer work during the previous approved H-1B periods.
- Employee performance review and other records in regard to job changes, i.e, promotion, transfer, pay increase, etc.
Employers must submit appropriate documents to establish valid employer-employee relationship in both initial H-1B petition and subsequent extensions.
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How to Establish H-1B Employer-Employee Relationship
In our previous post, we talked about how to determine whether there is valid employer-employee relationship for an H-1B petition. In order to satisfy the H-1B requirements, there must be valid employer-employee relationship during the entire H-1B period. The employer must have the right to control the employee’s work and have the right to hire and fire and supervise the employee’s work.
To establish the employer has those rights, the employer can provide a combination of or similar types of documents for an initial H-1B petition:
For an H-1B extension petition, the employer can provide a combination of or similar types of these documents:
Employers must submit appropriate documents to establish valid employer-employee relationship in both initial H-1B petition and subsequent extensions.