donald neufeld

USCIS Meeting on H-1B Employer-Employee Relationship Memo

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 [...]

By |2017-05-20T21:48:59-04:00February 18th, 2010|Articles, H-1B, News, Policy|

USCIS Guidance on H-1B for Contractors and Third-party Worksites

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 [...]

By |2017-05-20T21:49:02-04:00January 19th, 2010|Articles, H-1B, News, Policy|

USCIS Memo Amends Certain I-140 Related Provisions of AFM

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 [...]

By |2017-05-20T21:49:11-04:00November 5th, 2009|News|

Neufeld Memorandum on Form I-140 Successor-in-Interest

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 [...]

By |2017-05-20T21:49:24-04:00September 5th, 2009|News|

Memorandum on Equivalency of Foreign Medical Degrees

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 [...]

By |2017-05-20T21:49:29-04:00June 28th, 2009|News|

EB-5 Job Creation and Full-Time Employees

In a Memorandum dated June 17, 2009, Donald Neufeld, the Acting Associate Director for Domestic Operations, has provided some guidance on the employment-based fifth preference (EB-5) green card category reserved for entrepreneurs willing to invest a substantial capital into the U.S. and create at least 10 full-time jobs. About EB-5 Section 203(b)(5) of the Immigration and Nationality [...]

By |2009-06-25T09:33:41-04:00June 25th, 2009|News|

Neufield Memo on 180-day Adjustment of Status Bar Exemption

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.

By |2017-05-20T21:49:48-04:00July 31st, 2008|News|

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