The H-1B petition filing process for FY 2026 is currently underway, and petitioners are actively submitting their applications. With the Trump administration back in power, USCIS has scrutinized the entire H-1B process to improve its transparency and reduce fraud. Employers must submit thorough evidence to support their petitions, as even a minor error can lead to a Request for Evidence (RFE).
One of the most common reasons for an RFE is the inability to demonstrate a strong employer-employee relationship. This area is often clouded by confusion, which makes it tough for employers to submit a strong petition.
This blog will help you understand the crucial aspects of an employer-employee relationship and provide strategies to strengthen your H-1B petition.
What is an Employer-Employee Relationship?
An employer-employee relationship can be defined as a formal arrangement between the H-1B employee and their employer where the employer has direct authority over the employee’s work.
USCIS assesses the employer-employee relationship based on 5 important factors, including:
- Hire: The employer must be able to hire the H-1B worker according to the company’s requirements.
- Pay: The employer must be responsible for managing the employee’s compensation and benefits.
- Fire: The employer must have the authority to terminate the employment of the H-1B worker.
- Supervise: The employer must supervise the daily operations of the employee and ensure transparency and compliance.
- Control: The employer must have the authority to control the employee’s work.
Employer-Employee Relationship: Importance & Benefits
Proving a strong employer-employee relationship is more than just a requirement. It strengthens the H-1B petition and reduces the risk of RFEs. Demonstrating a strong relationship between an employer and its employee is crucial for several reasons, including:
- USCIS compliance: Submitting sufficient evidence to prove the employer-employee relationship helps in complying with USCIS guidelines.
- Defines legal responsibility: It helps establish that the employer is fully accountable for the employee’s work, direction, and overall performance.
- Reduce fraud: A well-defined employer-employee relationship facilitates a transparent work environment and prevents the misuse of visa programs.
- Protects employee rights: It makes sure the workers are not being exploited and are receiving proper wages and rights as compared to other U.S. employees.
- Maintains transparency at third-party worksites: It confirms fair practices for H-1B employees working at a third-party worksite.
How Can Employers Demonstrate a Strong Employer-Employee Relationship?
To comply with USCIS requirements, employers must submit concrete evidence that strongly displays their right to control and supervise the H-1B worker’s employment. This proof must go beyond claims and should be supported by proper documentation. Here’s how employers can effectively demonstrate this:
- Employment agreement letter: A signed employment agreement letter or offer letter that mentions the terms of employment and includes important job details such as location, salary, and benefits.
- Detailed job description: Employers must provide a job description that clearly defines the role and responsibilities of the H-1B worker. Avoid using vague or generic terms, as they may create unnecessary confusion.
- Organizational chart: Create an organizational chart that will help USCIS understand the internal hierarchy of the company and get more clarity about the employer's involvement. It should identify the direct supervisor and reporting lines to prove consistent managerial supervision.
- Consistent supervision: Submit communication proof such as weekly check-ins, meetings, daily team stand-ups, and calendar invites to prove the employer is involved in all regular operations and is supervising all tasks.
- Task management and progress tracking: Track and monitor the employee’s performance by using management tools and attach screenshots or reports to prove your active involvement with the team.
- Payroll and benefits records: To demonstrate wage consistency, submit payroll records, direct deposit slips, and tax documents. You can also provide benefits documents, such as health insurance, further strengthening your application.
How Can Staffing Agencies Establish an Employer-Employee Relationship?
Sometimes staffing agencies hire H-1B employees and place them at third-party worksites, making it difficult for the employer to directly control or supervise their daily operations, leading to complications in maintaining a structured employer-employee relationship. However, by submitting the required evidence, employers can easily justify the employer-employee relationship.
Evidence employers can submit includes:
- Client or vendor letter: A letter from the end-client or vendor confirming the employee’s job role, responsibilities, and the fact that the work is being performed under the direct supervision of the employer.
- Pay records: Timesheets and salary payments that prove the employee reports on time and is being fairly compensated by the employer.
- Performance reports: Performance evaluation reports that will confirm how proactively the employer is involved in the employee’s performance and development.
- Supervision evidence: Emails, meeting notes, text messages, or other communication logs that prove the employer has direct authority over the employee’s daily tasks.
- Detailed work itineraries: Work itineraries that include important information such as work locations, project timelines, and assigned tasks.
Employer-Employee Relationship: Maintaining USCIS Compliance
Employers can take certain proactive steps to establish a strong employer-employee relationship to comply with USCIS guidelines:
- Document important information: Document everything properly and keep a separate record file that will contain documents such as offer letters, employment contracts, and onboarding documents. Employers must regularly review and update the information to ensure accuracy and consistency.
- Maintain proper work itineraries: Create well-defined work itineraries for H-1B employees working at a third-party site. The itinerary should include the exact location of each worksite and other details related to the project/assignment.
- Write an accurate job description: When filing an H-1B petition, make sure to write a clear and detailed job description that will clearly align with the information provided in the LCA.
- Audit and review proactively: Conduct regular internal audits to remain audit ready by ensuring all documentation and details are accurate.
- Consult your immigration attorney: Keep your legal counsel updated and consult with them before making any changes to these records.
Summing up
The H-1B petition filing window for FY 2026 opened on April 1, 2025, and employers have started filing their applications. USCIS will approve the H-1B petition if all proper documentation is submitted accurately, but if your application lacks sufficient evidence, then employers may receive an RFE.
A weak employer-employee relationship reflects the employer’s lack of authority over the employee’s work, which can lead to RFEs or petition denials. Employers must provide thorough documentation to strengthen their petition and demonstrate a strong employer-employee relationship.
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