American Staffing Association (03/15/12) Stephen Dwyer
On March 12, the U.S. Citizenship and Immigration Services, an agency of the U.S. Department of Homeland Security, issued guidance stating that staffing firms can sponsor H1-B workers if they can establish a valid employer relationship with the assigned worker, or “beneficiary.” The guidance specifies factors that could lead to a finding of employer status, including “whether the petitioner will pay the beneficiary’s salary; whether the petitioner will determine the beneficiary’s location and relocation assignments (i.e., where the beneficiary is to report to work); and whether the petitioner will perform supervisory duties such as conducting performance reviews, training, and counseling for the beneficiary.”
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