There is a more recent version of this article. Please see our most recent report from Mr. Charles Oppenheim. In a recent conversation with the American Immigration Lawyers Association (AILA) of which our office is a member, Mr. Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State, has [...]
New documents have been released recently in the prolonged lawsuit by the American Immigration Council’s Legal Action Center, on behalf of the American Immigration Lawyers Association (“AILA”), regarding USCIS’ procedures and predetermined indicators of potential fraud in the H-1B process. (For a detailed review of the lawsuit and associated documents see). Legal History In 2005, [...]
Our office receives a number of inquiries from current and prospective clients, employers and individuals, as to whether an H-1B worker who is beneficiary of a pending H-1B transfer petition can be readmitted into the U.S. based on the valid H-1B visa stamp and the pending H-1B transfer petition. Reported Incidents of Refused H-1B Admissions [...]
Our office has received confirmation from AILA and from E-Verify that in certain cases, E-Verify would not verify employment authorization for an employee who is working for an employer under H-1B portability and where the employee previously held H-1B status but has since held an intervening status. For example, an employee holds H-1B status but [...]
» Update 10/27/2011: See the more recent October 26, 2011 predictions by Charles Oppenheim. Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is [...]
On Tuesday, July 20th, AILA filed a lawsuit against the Department of Homeland Security (DHS) and Citizenship and Immigration Service (USCIS) seeking the release of records concerning agency policies and procedures for the H-1B visa program. AILA had attempted to obtain these documents under a Freedom of Information Act (FOIA) request which had been denied [...]
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 [...]
The Texas Service Center (TSC), in a meeting with AILA, has provided some helpful updates regarding processing of petitions filed with TSC. Processing Times TSC has confirmed that the pending application reports posted on the USCIS status check website are generally correct. I-485s filed prior to March 26, 2009 that are still pending should be [...]
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 November 2009 AILA meeting, Mr. Charlie Oppenheim, who is Chief of the Immigrant Visa Control and Reporting Division at the Department of State (or also known as the person who determines the visa bulletin dates), has indicated some ways in which the visa bulletin numbers will move over the next few months. Mr. Oppenheim’s [...]