H-1B

USCIS Will No Longer Accept H-1Bs Without Certified LCAs

In November of last year and in February of this year, we wrote about a temporary change USCIS made with respect to H-1B petitions filed without certified Labor Condition Applications (LCAs).   The reason for this temporary change in policy was to accommodate LCAs which have been delayed past the 7-day LCA processing window.   Pursuant to [...]

By |2010-03-12T08:59:45-05:00March 12th, 2010|Articles, DOL, H-1B, News|

VSC Officers and “Credit” for RFES

During a recent AILA conference, the Vermont Service Center (VSC) Director Dan Renaud told the audience that the performance review structure for adjudicating officers has recently changed. Pursuant to the new performance review structure, officers get credit for issuance of Requests for Evidence (RFES), in addition to issuing approvals and denials, under the previous performance [...]

By |2017-05-20T21:48:56-04:00March 10th, 2010|Articles, H-1B, L-1, News|

USCIS Meeting on H-1B Employer-Employee Relationship Memo

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 [...]

By |2017-05-20T21:48:59-04:00February 18th, 2010|Articles, H-1B, News, Policy|

Prevailing Wage Request Delays Under iCert Form 9141 System

Effective January 1, 2010, the Department of Labor (DOL) centralized all prevailing wage determinations needed in connection with certain programs - PERM, H-1B, H-2B and E-3.   All prevailing wage requests now must be submitted to DOL for processing and not to the state workforce agencies, as it was done before. Because DOL was not ready [...]

By |2010-02-04T11:20:57-05:00February 4th, 2010|Articles, DOL, H-1B, News, PERM|

Alert on H-1B Admissions at the Newark, NJ Airport

The American Immigration Lawyers' Association (AILA) has provided some guidance and information from Customs and Border Protection (CBP) at the Newark, New Jersey airport. Background Starting in December of 2009, our office has been receiving alerts from current and prospective clients about a number of incidents where holders of valid H-1B stamps were questioned and, [...]

By |2017-05-20T21:49:00-04:00February 3rd, 2010|Articles, DOL, H-1B, L-1, News|

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|

H-1B Filing Fees – Who Can Pay What?

Our office received many inquiries by both H-1B sponsor companies and employees about what kind of fee payment arrangement is permissible under the H-1B regulations. Background of H-1B Filing Fees There are several H-1B filing fees, which are applied differently depending on the employer (private employer v. university or non-profit research entity) and on the [...]

By |2017-05-20T21:49:01-04:00January 19th, 2010|Articles, H-1B, News|

USCIS Guidance on H-1B for Contractors and Third-party Worksites

In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites. Focus on Employer-Employee Relationship The guidance is primarily concerned with the employer-employee relationship.  Pursuant to the H-1B regulations, an [...]

By |2017-05-20T21:49:02-04:00January 19th, 2010|Articles, H-1B, News, Policy|

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