Fillable Form H-1b - Request Form - Part A (Page 2 of 3) in pdf

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Beginning January, 2010

USCIS says that "an employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid

employer-employee relationship." The memo instructs adjudicators that a petitioner "must be able to establish that it has control over

when, where, and how the beneficiary performs the job," and lists 11 factors that an adjudicator can consider (with no one factor being

decisive) when evaluating whether a petitioner has satisfactorily established the required employer-employee relationship. Please check

all that are applicable:

Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?

If the supervision is off-site, how does the petitioner maintain such supervision, i.e. weekly calls, reporting back to the main

office routinely, or site visits by the petitioner?

Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?

Does the petitioner have the tools or instrumentalities needed for the beneficiary to perform the duties of employment?

Does the petitioner hire, pay, and have the ability to fire the beneficiary?

Does the petitioner evaluate the work-product of beneficiary, i.e. progress/performance review?

Does the petitioner claim the beneficiary for tax purposes?

Does the petitioner provide the beneficiary with any type of employee benefits?

Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?

Does the beneficiary produce an end-product that is directly linked to the petitioner’s line of business?

Does the petitioner have the ability to control the manner and means in which the work product of the beneficiary is

accomplished?

Does the petitioner will employ the beneficiary to perform job duties that directly and predominately furthers the normal,

primary, or essential purpose, mission, objectives, or function of Wayne State University?

Therefore, the relationship test is met if petitioner is able to present evidence to establish its right to control the beneficiary’s

employment, if requested by USCIS.

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Beginning December 22, 2010

With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the

petitioner certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms

Regulations (ITAR) and has determined that:

Check Box 1 or Box 2:

1. A license is not required from either U.S. Department of Commerce or the U.S. Department of State to release such technology or

technical data to the foreign person; OR

2. A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or

technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary

until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.

If you have any questions regarding deemed export, please visit Wayne State University Division of Research export control website at

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DEPARTMENT CHAIR’S ATTESTATIONS (must be signed by the chair, not by his/her designee)

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By submitting this request to begin the H-1B petition process, I understand that the H-1B employee should be paid the higher of the

prevailing wage (as determined by the Department of Labor (DOL) – the weighted average rate of wages paid to workers similarly

employed in the area of intended employment) OR the actual wage (being paid to all other WSU individuals with similar experience

or qualifications for the employment in question), whichever is higher.

•

By submitting this request, I agree to the terms and conditions of the labor condition application (submitted to DOL by OISS based

on the application submitted by the hiring department) for the duration of the H-1B employee’s authorized period of stay for the H-

1B employment.

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I certify under penalty of perjury that the information submitted is true and correct to the best of my knowledge. I understand that

the supporting evidence submitted may be verified by USCIS through any means determined appropriate by USCIS, including on-

site compliance review.

•

By submitting this request, I certify that the employer will be liable for the reasonable costs of return transportation of the H-1B

employee abroad if he/she is dismissed from employment by the employer for any reason before the end of the H-1B period.

•

I agree that the department will consult with an OISS scholar advisor prior to any H-1B terminations or resignations.

•

I understand that H-1B status may be granted in up to three-year increments, not to exceed six years total.

Department Chair’s Signature: _________________________________

Date: __________________________

Chair’s Name: _______________________________________________

Form H-1b - Request Form - Part A Page 2

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