Why everyone is much worried about the New Employer-Employee relationship Memorandum for H1B?
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
It aims to weed out all small Consultancy companies. Only those MNC companies like IBM,Deloitte,Accenture,TCS,Wipro,Hp….. Can exist in Market. How..
It explains different scenario which is not acceptable ‘Employer-Employee relationship’
Petitioner - your company, your employer
Beneficiary - you, consultant, Employee
The Beneficiary end product – the productive work you do for the client
Now let us take a look at page 6 under the heading ‘Job-Shop’
When a consultant goes for a project he get SOW [ Statement of work ] which clearly explains the responsibility of his/her work at client place. But he is not reporting to his employer but to some one else in client place may be a Manager. Now there is no Employer-Employee relationship. if your company is an implementation partner no issues.
As there is no Employer-Employee relationship some Consultants at the port of entry were deported last week when they return back to US after Xmas/Newyear holidays!! Look Strange!
situation getting worse in the bad Job Market!
Now H1B consultants should try to find job in client place itself in other words they should find a true employer! very limited are there in market. or go to Big MNC ....here no GC..
Suffering continues for H1B.....
It sucks! Bad time starts for H1 people.
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