That the U.S. affiliate controls her work, that the work is the affiliate's own product-related service under a deliverables agreement, and that the customer does not supervise or assign her day-to-day. Attach the contract to the petition.
The contract decides who the real employer is
Hypothetical example: Offsite placement is permitted only where the employee will not be principally controlled and supervised by the unaffiliated customer and the work is not labour for hire. The document that proves this is the commercial agreement between the affiliate and the mill. It should describe deliverables, such as commissioning of the flotation-control system and defined support hours, rather than a number of engineer-days sold. It should identify the affiliate's project manager as the person directing Ines, provide that the affiliate sets her schedule and performance standards, and state that the customer's site rules apply only for safety and access. Add a letter from the affiliate describing how it will supervise her remotely, with reporting lines and review meetings. If the existing contract reads as a staffing arrangement, the employer should renegotiate it before filing rather than explain it away in the petition letter.
Hypothetical example: A freight-pricing software affiliate sends an analyst to a customer’s distribution centre. The services agreement should say whether the affiliate supplies a defined software implementation or simply supplies labour by the hour. Project plans, reporting lines, and review records settle who directs the work. If the customer controls assignments and performance, a detailed support letter will not cure the commercial arrangement; the parties need to change the operating model before filing.