Indicia of an employment relationship

Indicia of an employment relationship between the other/secondary employer and an H-1B nonimmigrant (excluding H-1B1 and E-3) include such factors as: (A) the right to control when, where, and how the nonimmigrant performs the job; (B) the other/secondary employer furnishes the tools, materials, and equipment; (C) the work is performed on the premises of the other/secondary employer; (D) a continuing relationship between the nonimmigrant and the other/secondary employer; (E) the other/secondary employer has the right to assign additional projects; (F) the other/secondary employer sets the hours of work and the duration of the job; (G) the work performed by the nonimmigrant is part of the regular business of the other/secondary employer; (H) the other/secondary employer is itself in business; and (I) the other/secondary employer can discharge the nonimmigrant from providing services. It is not necessary for all of the factors to be present in order to determine the existence of indicia of an employment relationship.