“Material change” has been a prickly issue in the H-1B context. The USCIS has been grappling with it for years. As far as back as 1988, where materiality was defined in the context of Naturalization, the legacy INS dealt with it in Kungys v. United States, 485 U.S. 759, 770-72 (1988). In the above cited [...]
It appears there is a valuable lesson to be learned from recent cases in North Carolina and Texas. Both emanate from actions by software consulting/staffing companies that were engaged in the business of placing consultants at third party client sites. In the first case, an Indian national pleaded guilty on March 20th for his role [...]
Invalidation of Labor Certifications – What happens when the USCIS second guesses a certified PERM Application?
Invalidation of Labor Certification by the DHS/Consulate (USCUS) is rare. At least two types of invalidations have occurred recently, both by the Nebraska Service Center of the USCIS. Authority can be traced to the regulations at 20 C.F. R. § 656.30(d): (d) Invalidation of labor certifications. After issuance, a labor certification may be revoked by ETA using [...]
This office participated in an AILA survey for the AILA/Department of State Liaison Committee for an upcoming meeting with DOS. The submission through this survey is not meant for individual case resolution, but rather is being used for an overall tracking of emerging problems and/or trends. We see definite problems with visa issuance at posts, [...]
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 [...]
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 [...]