Re:Trump administration announces overhaul of H1B visa progr...
by tequila_shot on Wednesday October 07, 2020 @12:46AM
(#24705397)
No. It just means that the contractor should establish themselves with employer-employee relationship before finding work, from the rule PDF:
> First, striking “contractor” will avoid potential confusion as the term “contractor” in the
definition is misleading. The inclusion of “contractors” in the regulatory language could be read
to suggest that contractors should generally qualify under the definition of a “United States
employer.” While a contractor is certainly not excluded from qualifying as a “United States
employer” for purposes of an H-1B petition, the contractor, like any petitioner, must establish the
requisite “employer-employee relationship” with the H-1B beneficiary.
> First, striking “contractor” will avoid potential confusion as the term “contractor” in the definition is misleading. The inclusion of “contractors” in the regulatory language could be read to suggest that contractors should generally qualify under the definition of a “United States employer.” While a contractor is certainly not excluded from qualifying as a “United States employer” for purposes of an H-1B petition, the contractor, like any petitioner, must establish the requisite “employer-employee relationship” with the H-1B beneficiary.