Legal Question in Immigration Law in New York

I'm interested in hiring as a consultant an H1B employee with another firm. Do I need to file an I-29 petition or does the new hire need to?

Asked on 8/11/09, 11:54 am

4 Answers from Attorneys

Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Are you refering to I-129? An employer petitioning and thus filing the petition

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Answered on 8/16/09, 12:27 pm

William Frenkel Frenkel Sukhman LLP

Typically, H-1b employment is restricted to a specific job with a specific employer so it is unlikely that an H-1b employee would be legally permitted to freelance as a consultant. Whoever hires an alien as a consultant in a true independent contractor relationship is generally not regarded an employer and would not need to petition on the alien's behalf with an I-129. However, there are definite risks to hiring consultants without an employment authorization that covers their freelance consulting activity even to a non-employer, especially in the today's enforcement environment. Feel free to contact us if you wish to explore this issue further.

The above reply is not legal advice, is not to be relied on as such and does not form a client-attorney relationship.

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Answered on 8/16/09, 12:44 pm
Anthony Siliato Meyner and Landis LLP

The entity that will pay the consultant is the entity that needs to file an H-1B petition on the consultant's behalf.

We have substantial experience in all aspects os employment-based immigraqtion matters. We would be happy to assit you in this matter.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

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Answered on 8/17/09, 9:57 am
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, please note that it is always the person employing another (the employer) who files the petition.

Also note that if the employee will still be working full-time for the first employer there will be a conflict. Read the instructions for the application carefully.

Patricia Martin-Gibbons

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Answered on 8/17/09, 8:24 pm

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