Sponsoring Foreign Workers: The Employee Test


Employers can once again file H-1B applications to sponsor foreign nationals for work visas as of April 1, 2010, but this time there may be a few added wrinkles.

The United States Citizenship and Immigration Service (the “USCIS”) has issued an interpretive memorandum setting forth the factors that must be considered to establish an employer-employee relationship for purposes of any H-1B application. The memo provides guidance beyond the interpretation of muddy common law principles and U.S. Supreme Court cases associated with them regarding the establishment of the employer-employee relationship.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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