memorandum Archives - Capitol Immigration Law Group PLLC

USCIS Issues “Clarifications” for Entrepreneur Immigrants: Self-sponsored H-1B and EB-2 NIW May be Possible, EB-5 Streamlined

USCIS Director Alejandro Mayorkas just announced a number of initiatives intended to boost the ability of immigrant entrepreneurs to obtain immigrant benefits for themselves, as part of the Obama administration's goal to boost hiring and jobs. Director Mayorkas has announced a number of initiatives and "clarifications" of existing temporary and permanent work visas which should [...]

By Dimo Michailov|2017-05-20T21:48:12-04:00August 3rd, 2011|Articles, EB-1, EB-2, EB-5, H-1B, News, Policy|

Can I Travel to U.S. with Valid H-1B Visa and Pending (or Approved) H-1B Transfer When Prior H-1B Petition Has Been Revoked?

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 [...]

By Dimo Michailov|2017-05-20T21:48:15-04:00June 8th, 2011|Articles, H-1B, News, Policy|

IT Consulting Firms Lose Neufeld Memo Lawsuit

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 [...]

By Dimo Michailov|2017-05-20T21:48:39-04:00September 14th, 2010|Articles, Employers, H-1B, News|

Developments in Neufeld Memo Lawsuit

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. [...]

By Dimo Michailov|2017-05-20T21:48:42-04:00July 22nd, 2010|Articles, H-1B, News, Policy, USCIS|

AILA Letter to USCIS on Employer-Employee Relationship Memo

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 [...]

By Dimo Michailov|2010-03-22T09:16:27-04:00March 22nd, 2010|Articles, H-1B, News, Policy, USCIS|

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

USCIS to Accept H-1B Filings without Certified LCA or Late H-1B Filings

We wrote in late October and early November of 2009 about the USCIS Ombudsman's recommendation that USCIS (1) accept H-1B filings without a certified LCA but with a proof of filed and pending LCA and (2) to excuse late H-1B filings where the delay in filing was caused by pending LCA or employer's Federal Employed [...]

By Dimo Michailov|2010-02-03T11:09:13-05:00February 3rd, 2010|Articles, DOL, H-1B, News|

AILA Seeks Rescission of the January 8, 2010 Neufeld Memorandum

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 [...]

By Dimo Michailov|2017-05-20T21:49:01-04:00January 28th, 2010|Articles, H-1B, News|

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

Breaking News – FY2010 H-1B Cap Reached (December 22, 2009)

A few minutes ago USCIS announced that as of December 21, 2009, it has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. No New FY2010 Cap-Subject H-1B Filings Accepted USCIS will reject all [...]

By Dimo Michailov|2017-05-20T21:49:05-04:00December 22nd, 2009|H-1B, News|

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