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The Importance of Employer-Employee Relationship for H-1B Visas

a worker shaking hands with their boss

With the high increase in H-1B visa denial, it’s helpful to do everything you can to enhance your application. A recent U.S. Citizenship and Immigration Services (USCIS) policy states that they will be ensuring that beneficiaries have an employer-employee relationship. The Orange County H-1B visa attorneys at Yekrangi & Associates explain what the USCIS will look for in an employer-employee relationship.

Employer-Employee Relationship

One of the top reasons for H-1B visa denial is because applicants fail to establish a legitimate employer-employee relationship. One of the reasons why employer-employee relationships are so important to the USCIS is because they want to ensure that the employer will maintain control of the H-1B beneficiary’s work throughout their employment period.

Presenting evidence of the employer-employee relationship is even more important if a beneficiary is applying through a third-party worksite. There have been cases when beneficiaries applied for a fake job through a third-party worksite to enter the United States. For such reasons, the USCIS implemented a strict requirement for an employer-employee relationship to prove that the job is legitimate.

The need for an employer-employee relationship made it difficult for self-petitioning workers who want to be sponsored by their own business. In this situation, you would need to be sponsored by a third-party (such as the board of directors).

Experienced Orange County H-1B Visa Lawyers

If you want to apply for an H-1B visa, it’s beneficial to have an experienced immigration attorney on your side. An immigration attorney can help you present a strong employer-employee relationship on your visa application. The Orange County H-1B visa attorneys have years of experience assisting foreign workers in obtaining the best possible results for their case. We help them ensure that their application doesn’t have common mistakes that many applicants make that leads to denial.

Contact our Orange County H-1B visa immigration attorneys today at (949) 478-4963!


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