No. It can support a real assignment, but the case must establish the employee’s specialised knowledge, qualifying employment and corporate relationship. For primary placement at an unaffiliated site, the service and control requirements must also be met.
Read substance rather than labels
Identify what is delivered, who directs the employee and why the engagement requires knowledge specific to the petitioning company. A contract labelled consulting or implementation may still describe ordinary labour supply. Conversely, client involvement in acceptance does not automatically mean prohibited control.
Assess the complete contractual and operational arrangement. Set the threshold at substance rather than at the label the parties chose. A signed agreement supports the existence of a real assignment and establishes none of the requirements on its own, so ask what is delivered, who directs the employee and why the engagement needs knowledge specific to the petitioning company.
An agreement described as consulting or implementation may still describe ordinary labour supply, and customer involvement in acceptance testing does not by itself amount to prohibited control. Assess the complete contractual and operational arrangement rather than any single clause. The case must still establish the specialised knowledge, the qualifying employment and the corporate relationship, and where the primary placement is at an unaffiliated site the service and control requirements also apply.