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, [...]
Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiance(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This [...]
The Department of State (DOS) issued a notice that beginning November 4, 2006, current and future professor and researcher Exchange Visitor program participants will be eligible for five years of program participation, as provided for in the final rule adopted May 19, 2005.
The Department of State has issued changes to the J visa program with regard to professors and research scholars. The changes are scheduled to take effect as of November 3, 2006. However, since the Federal Register Notice has not been published yet it is possible that date will be pushed back. The changes to expect [...]
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 [...]
USCIS Acting Director of Domestic Operations, Michael Aytes recently amended the 5/12/05 Aytes memo to clarify how I-140 portability is treated in an adjustment of status application. The only real change is to the Question 1 in Section 1. Click Here for Memo.