Sufficient Evidence of an Employer-Employee Relationship

We are filing an H-1B petition for a three-year period for a potential employee. However, they will be assigned to work at a client site and the contract we have with this client is not for the full three-year period. Will the petition be denied on this basis? We would still want this individual to work for us for the full three years.

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If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE).  Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met.  However, USCIS will limit a petition’s validity to the time period of qualifying employment established by the evidence.

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