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 [...]
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 [...]
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, [...]
We wrote in late October and early November of 2009 about the USCIS Ombudsman's recommendation that USCIS (1) accept H-1B filings without a certified LCA but with a proof of filed and pending LCA and (2) to excuse late H-1B filings where the delay in filing was caused by pending LCA or employer's Federal Employed [...]
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 [...]
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 [...]
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 [...]
Now that the H-1B quota has been reached (as of December 21, 2009), we are receiving an increasing number of inquiries by both cap-subject employers and prospective employees about the alternatives for work authorization between now and October 1, 2010, when the new fiscal year's H-1B quota would begin (as a reminder, April 1, 2010 [...]
A few minutes ago USCIS announced that as of December 21, 2009, it has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. No New FY2010 Cap-Subject H-1B Filings Accepted USCIS will reject all [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of December 17, 2009, USCIS has received approximately 64,200 H-1B petitions counting toward the 65,000 cap. The updated count means that as of December 17, 2009, there were 800 H-1B visas left under this year’s H-1B quota and USCIS will [...]