Among increased scrutiny and often long waiting period to obtain an H-1B (and sometimes even H-4 for their dependents) visa stamp, a number of US-based IT consulting employees are understandably nervous about traveling abroad and attending the H-1B visa stamp interview. Our office handles a substantial number of such H-1B petitions and H-1B visa stamp [...]
Our office handles a substantial number of H-1B work visa petitions for a variety of U.S. employers and we often share our direct experiences with the H-1B work visa program. This article is intended to share our experience with H-1B work visa petitions where there is a change of the job location once the H-1B [...]
We have previously written extensively about the January 2010 Neufeld Memorandum and the lawsuit filed earlier this year challenging its validity. This lawsuit has been of great interest to most of our clients as the Neufeld memorandum created some new requirements applicable not only to IT consulting companies but to most, if not all, H-1B [...]
We have written extensively in the past regarding the January 8, 2010 Neufeld Memo which introduced guidance requiring H-1B applications to show proof of employer-employee relationship between the H-1B petitioner and beneficiary. The Neufeld Memo has affected mostly staffing and consulting companies where the H-1B beneficiaries are employed at third-party worksites. USCIS Sued to Prevent [...]
We have written extensively over the past two months on the January 8, 2010 Neufeld Memorandum (the "Neufeld Memo") changing the H-1B adjudication standards for H-1B employers engaged in 3rd party placement or employee-owners. We have also written about AILA's efforts to rescind the Neufeld Memo. In a letter dated March 19, 2010 addressed to [...]
USCIS published a notice in the Federal Register with proposed changes to Form I-129 which is used for H-1B, L-1, TN, among other visa type filings. Please see the DRAFT proposed Form I-129 (and draft instructions). The proposed changes are significant and are likely to impact most, if not all, employers who file Form I-129. [...]
Earlier today USCIS held a collaboration session on "Determining Employer-Employee Relationships for Adjudication of H-1B Petitions." We had the opportunity to attend the session, to listen and to engage in a discussion regarding the January 8, 2010, USCIS Memorandum by Donald Neufeld on the Employer-Employee Relationship. The Session Generated Great Interest The session proved to [...]
The Neufeld Memorandum of January 8, 2010, has generated a substantial amount of discussion with its newly-proposed standard for "employer-employee" relationship applied to third-party H-1B employee placements, which are very common for consulting companies. Our office has handled many consultations and inquiries relating to the Neufeld Memorandum and what it means for the thousands of [...]
By nature, consulting companies often send their employees to work at a third-party’s worksite and perform services onsite. When filing H-1B work visa petitions for their workers, many consulting or third-party worksite companies have faced an increasing number of requests for evidence (”RFES”) requesting information about the duties of the employee, itinerary of work and [...]
As part of our regular USCIS-related filings, we receive requests for evidence (”RFES”) on a number of occasions. Such RFES are standard practice and often are unrelated to the substance of the petition - for example, requesting clear copies of the lastest Form I-94 card. It is our practice to ensure that each petition filed [...]