what's wrong if client controls Non employee?

[desidesmoines]

Last week I had my visa interview and it went fine. But two of my friends got 221g and immediately their clients received an email from consulate to verify EE relationship.

My question is, what's wrong if client controls Non employee of the company even when he/she is getting paid for the work performing at that location?

[JoeF]

A person is employed by an employer. The employer is the one who controls the work of the employee.

If that's not the case, then the employer would just be a job agency. And it is not allowed to get an H1 for a job through a job agency. It is that simple.

[pontevecchio]

The law says the client should then be the H1 sponsor.

[desidesmoines]

The law says the client should then be the H1 sponsor.

Was this law came into existance after neufeld memo? If not then, this EE relationship was not at all implemented by almost all the employers and employees earlier. Then how did they get visa??

[JoeF]

Was this law came into existance after neufeld memo? If not then, this EE relationship was not at all implemented by almost all the employers and employees earlier. Then how did they get visa??

The law always existed. The Neufeld memo just reinforced it, and gave guidance to USCIS and consular officers.

[catx]

The employer - employee relationship was always in the law. The USCIS memo in question provided clarification and guidance on the need for proof (through documentation, etc.) in response to consulting companies using the EV...C model to be nothing more than 'agencies' (body shops) in violation and abuse of H-1B. Just because people got visas before the memo did not mean that the law was different. The memo helps with enforcing the law in face of the violoations and abuses. These all too wide spread abuses are a the root of many of the employment based immigration problems.

[Raghu_N]

where did you went to visa interview?

[desidesmoines]

The law always existed. The Neufeld memo just reinforced it, and gave guidance to USCIS and consular officers.

So before this 'reinforcement', govt was thinking that all the H1B candidates are maintaining the EE relationship. And when they realized that most of them are not so they 'reinforced' it??

[desidesmoines]

Just because people got visas before the memo did not mean that the law was different. The memo helps with enforcing the law in face of the violoations and abuses.

So the law was same and still people got their visas without EE relationship at that time??

[JoeF]

So the law was same and still people got their visas without EE relationship at that time??

Unfortunately, a bunch of shady consulting companies were violating the law. Obviously, enforcement has been stepped up.

[desidesmoines]

Unfortunately, a bunch of shady consulting companies were violating the law. Obviously, enforcement has been stepped up.

After thinking about this enforcement whole night, I felt like why this enforcement was not done earlier so that we wouldn't have faced these problems and so many 221g's.

Better late than never.