- establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;
- demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and
Q: What factors does USCIS consider when evaluating the employer-employee relationship?
Q: What types of evidence can I provide to demonstrate that I have a valid employer-employee relationship with the beneficiary?
Q: What if I cannot submit the evidence listed in the memorandum?
Q: What if I receive or have received an RFE requesting that I submit a particular type of evidence and I do not have the exact type of document listed in the RFE?
Q: Will my petition be denied if I cannot establish that the qualifying employer-employee relationship will exist?
Q: What if I can only establish that the qualifying employer-employee relationship will exist for a portion of the requested validity period?
Q: What happens if I am filing a petition requesting a "Continuation of previously approved employment without change" or "Change in previously approved employment" and an extension of stay for the beneficiary in H1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
Q: What if I am filing a petition requesting a "Change of Employer" and an extension of stay for the beneficiary's H1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?
Q: I am a petitioner who will be employing the beneficiary to perform services in more than one work location. Do I need to submit an itinerary in support of my petition?
Q: What happens if I do not submit evidence of the employer-employee relationship with my initial petition?