Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO The AAO is an appeals office which handles appeals of certain decisions [...]
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 [...]
About the Electronic System for Travel Authorization ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the United States under the Visa Waiver Program (WVP). ESTA has been mandatory since Jan. 12, 2009 for all nationals of VWP [...]
Our office received many inquiries by both H-1B sponsor companies and employees about what kind of fee payment arrangement is permissible under the H-1B regulations. Background of H-1B Filing Fees There are several H-1B filing fees, which are applied differently depending on the employer (private employer v. university or non-profit research entity) and on the [...]
In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites. Focus on Employer-Employee Relationship The guidance is primarily concerned with the employer-employee relationship. Pursuant to the H-1B regulations, an [...]
About EB-5 and the Regional Center Program In 1990, the U.S. Congress created the fifth employment-based preference category (EB-5) for qualified foreign entrepreneurs seeking to invest in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs. The basic amount required to invest is $1 million, although that [...]
In a December 14, 2009, meeting, USCIS has provided some helpful information about the current state of the EB-5 program. I-526 Premium Processing Possible Later in the Year A review of the question of reinstating premium processing for I-526 petitions will be done during the second quarter of 2010. USCIS will reinstate premium processing if [...]
The Department of Labor (“DOL”) has provided an update on the current PERM processing dates as of December 31, 2009. They are as follows: Regular processing: March 2009. DOL is processing PERM applications with priority dates in March of 2009. This suggests that there is certain forward movement for regular PERM processing. Accordingly, regular PERM [...]
The February 2010 Visa Bulletin was just released by the State Department. The fifth visa bulletin for the fiscal year 2010 and the second for the calendar 2010 does not bring much movement. There is no movement for India across all employment-based categories. For many other categories, the only forward movement is in the 1-2 [...]
Almost four months after USCIS launched its redesigned website, the USCIS Ombudsman office is setting up a conference call to discuss the good, the bad and the ugly of USCIS' website, in general, and of the redesign, in particular. Our office will sit on this conference call to share our thoughts and comments with the [...]