This rule proposes to require employers seeking to petition for H-1B workers subject to the cap to first file electronic registrations with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under this proposed rule, if USCIS anticipates that the H-1B cap will not be reached by the first day that H-1B petitions [...]
On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, [...]
In a well reasoned Memo, the American Immigration Lawyers Association has requested the USCIS rescind the Neufeld Memo dated January 8th . Of particular interest is the portion about IT Consulting companies. The Neufeld Memo refers to this segment of H-1B users pejoratively as "Job Shops". In fact, there is a legitimate need for such [...]
Yesterday, 1/13/2010, the Service issued an updated guidance memo to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B 'specialty occupation' classification. Now, the USCIS has followed up with a Q&A. USCIS QandA on Employer-Employee Relationship.
This memorandum is intended to provide guidance, in the context of H-1B petitions, on the requirement that a petitioner establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. Given the confusion Computer Consulting Companies have faced recently, while documenting the employer-employee [...]
We have learned from AILA that the United States Citizenship and Immigration Services (USCIS) Office of Fraud Detection and National Security (FDNS) has commenced a broad review and assessment of the H-1B program. Approximately 20,000 Applications from Vermont and an equal number from California have been forwarded to the FDNS, to allow it to conduct [...]
U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding). Read the TARP_H1B Press Release.
"This rule removes the requirement that certain H and L nonimmigrants returning to the United States following a trip abroad must present a receipt notice for their adjustment of status applications to avoid having such applications deemed abandoned. The purpose of this narrow change is to remove an unnecessary documentation requirement from the regulations that [...]
In a significant development, the USCIS has ruled that time spent in H-4 or L-2 classification does not count against the maximum allowable period of stay in H-1B and L-1 status. USCIS Memo of Admission H_L This memorandum provides guidance in three areas regarding how adjudicators should determine periods of admissions for an alien. Specifically, [...]
The ARB, in a Decision dated September 29, 2006 (AMTEL Group of Florida, Inc. v. Rungvichit Yongmahapakorn ARB, Case No. 04-087), held that the H-1B employer did not effect "bona fide termination" of employment when they failed to notify the USCIS promptly upon letting go of the H-1B worker. Until this is done, the [...]