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We have previously written extensively about the January 2010 Neufeld Memorandum and the lawsuit filed earlier this year challenging its validity. This lawsuit has been of great interest to most of our clients as the Neufeld memorandum created some new requirements applicable not only to IT consulting companies but to most, if not all, H-1B [...]
We have previously written extensively about the January 2010 Neufeld Memorandum and the recent lawsuit challenging its validity. We wanted to provide some recent updates on the case as it is of great interest to many of our clients and readers. On June 25, 2010, the government filed a Memorandum in Opposition to the complaint. [...]
We have written extensively in the past regarding the January 8, 2010 Neufeld Memo which introduced guidance requiring H-1B applications to show proof of employer-employee relationship between the H-1B petitioner and beneficiary. The Neufeld Memo has affected mostly staffing and consulting companies where the H-1B beneficiaries are employed at third-party worksites. USCIS Sued to Prevent [...]
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 [...]
In a memorandum dated August 6, 2009, Donald Neufeld, the Acting Associate Director for USCIS Domestic Operations Unit provides new guidance and amends USCIS policy with respect to review of Form I-140 successor-in-interest (”SI”) amendments. The goal of the new guidance is to update (the dated) USCIS policy in light of changing business realities with [...]
We have written extensively over the past two months on the January 8, 2010 Neufeld Memorandum (the "Neufeld Memo") changing the H-1B adjudication standards for H-1B employers engaged in 3rd party placement or employee-owners. We have also written about AILA's efforts to rescind the Neufeld Memo. In a letter dated March 19, 2010 addressed to [...]
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 [...]
In a Memorandum, dated September 14, 2009, Donald Neufeld, the Acting Associate Director for Domestic Operations as USCIS, provides some clarifications and amendments to the Adjudicator’s Field Manual relating to Form I-140, Immigrant Petition for Alien Worker. 1. Definition of Employer for Outstanding Researchers or Professors under Section 203(b)(1)(B). Each EB-1B petition for outstanding researcher or professor [...]
Donald Neufeld, in a Memorandum dated June 17, 2009 provides some guidance on the equivalency of foreign medical degrees for the purpose of qualifying for the EB-2 category. A U.S. medical degree is obtained after completing a bachelor’s degree and as a result, a U.S. medical doctor degree is considered to be an advanced degree. In [...]
Section 245(a) of the Immigration and Nationality Act (INA) allows for the adjustment of status (I-485) which so many of our clients and readers are well familiar. Section 245(c) of the INA establishes eight (8) bars to adjustment of status. However, adjustment of status based on employment-based immigrant visa are exempt from three of these bars, pursuant to Section 245(k). In a July 14, 2008, Memorandum, Donald Neufeld seeks to explain the applicability of these exemptions and provide details and clarifications on the applicability of the exemptions and the adjudication procedures. Please read the full article for details on the July 14, 2008, Memorandum and analysis on its implications.