neufeld

USCIS Issues “Clarifications” for Entrepreneur Immigrants: Self-sponsored H-1B and EB-2 NIW May be Possible, EB-5 Streamlined

USCIS Director Alejandro Mayorkas just announced a number of initiatives intended to boost the ability of immigrant entrepreneurs to obtain immigrant benefits for themselves, as part of the Obama administration's goal to boost hiring and jobs. Director Mayorkas has announced a number of initiatives and "clarifications" of existing temporary and permanent work visas which should [...]

By |2017-05-20T21:48:12-04:00August 3rd, 2011|Articles, EB-1, EB-2, EB-5, H-1B, News, Policy|

IT Consulting Firms Lose Neufeld Memo Lawsuit

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 [...]

By |2017-05-20T21:48:39-04:00September 14th, 2010|Articles, Employers, H-1B, News|

AILA Sues USCIS Under FOIA For Release of H-1B Policy Documents

On Tuesday, July 20th, AILA filed a lawsuit against the Department of Homeland Security (DHS) and Citizenship and Immigration Service (USCIS) seeking the release of records concerning agency policies and procedures for the H-1B visa program.  AILA had attempted to obtain these documents under a Freedom of Information Act (FOIA) request which had been denied [...]

By |2010-07-22T08:43:42-04:00July 22nd, 2010|Articles, H-1B, News, Policy, USCIS|

Developments in Neufeld Memo Lawsuit

We have previously written extensively about the January 2010 Neufeld Memorandum and the recent lawsuit challenging its validity.   We wanted to provide some recent updates on the case as it is of great interest to many of our clients and readers. On June 25, 2010, the government filed a Memorandum in Opposition to the complaint.    [...]

By |2017-05-20T21:48:42-04:00July 22nd, 2010|Articles, H-1B, News, Policy, USCIS|

Federal Lawsuit Challenges the January 2010 Neufeld Memo on Employer-Employee Relationship

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 [...]

By |2010-06-17T13:02:51-04:00June 17th, 2010|Articles, H-1B, News|

AILA Letter to USCIS on Employer-Employee Relationship Memo

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 [...]

By |2010-03-22T09:16:27-04:00March 22nd, 2010|Articles, H-1B, News, Policy, USCIS|

AILA Seeks Rescission of the January 8, 2010 Neufeld Memorandum

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 |2017-05-20T21:49:01-04:00January 28th, 2010|Articles, H-1B, News|

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