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USCIS relaxes rules for Employer-Employee Relationship?

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  • USCIS relaxes rules for Employer-Employee Relationship?

    As per the update,USCIS seems to have relaxed rules for establishing "employer-employee relationship" that has been the reason for issuance of 221(g) in most of h1b renewals.Acc to this,you may be given an opportunity to correct the deficiency in response to an RFE by providing sufficiently probative evidence that the qualifying employer-employee relationship will exist for any time period.I hope this is some news to all the people out here stuck with renewal issues.

  • #2
    Hope for the best..thanks for sharing!

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    • #3
      Well it just means that if USCIS does not see the evidence of EE relationship in the initial filing, they will not deny the petition straight away but provide one more opportunity (by RFE) for the employer to provide the evidence. That has been their practice for quite some time now anyway.
      This does not change anything with Visa applications. If the consular officer (Dept of State) feels that EE relationship does not exist, they will deny the Visa (221g is a denial) and send the petition back to USCIS (Dept of Homeland Security). USCIS will again give the employer one more chance of proving EE relationship by issuing NOIR instead of revoking the petition straight away.
      This is my opinion and not legal advice.

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