NEWS
AAO Reverses L-1 Denial Based on Qualifying Relationship
The AAO reversed the L-1 petition denial and found the petitioner only needed to document that the transfer of ownership interest between the foreign entity and existing owner occurred, noting that USCIS's focus on the purchase price was misplaced. [Courtesy- [...]
H1B and L-1 Fee Increase with Immediate Effect (8/20/10)
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 [...]
AILA Requests USCIS Rescind Neufeld Memo
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 [...]
Ninth Circuit Court of Appeals Strikes Down USCIS Requirements to Document Extraordinary Ability (EB1)
In a decision issued March 4th, the Ninth Circuit Court of Appeals adopted the arguments of the Legal Action Center (LAC), of the American Immigration Council, that the United States Citizenship and Immigration Services (USCIS) unlawfully imposed extra-regulatory requirements on [...]
USCIS to reissue Advance Parole documents
U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been [...]
USCIS Provides Additional Guidance on H-1B Employer-Employee Relationship in Q&A
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 [...]
Neufeld Memo Outlines Employer-Employee Relationship in H-1B Context
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 [...]
Site Visits and Immigration Audits of H-1B Employers
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 [...]
H-1B Rules for TARP Funded Employers
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.
USCIS Removes Receipt Requirement for Certain H and L Adjustment Applicants Returning From a Trip Outside the United States
"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 [...]
Significant Memo from USCIS Alters Meaning of Time Spent in H Status
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 [...]
K-3 Petitions Being Transferred as Part of Bi Specialization
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 [...]
Notice of Effective Date for Implementation of Five-Year Professor and Research Scholar Exchange Program
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 [...]
DOS Issues 5-Year J Professor/Research Scholar Rule
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 [...]
Administrative Review Board (ARB) Discusses “Bona Fide Termination” of Employment
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 [...]
AC21 Guidance Amended Regarding I-140 Portability
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 [...]