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 [...]
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 [...]
As part of our regular USCIS-related filings, we receive requests for evidence (”RFES”) on a number of occasions. Such RFES are standard practice and often are unrelated to the substance of the petition - for example, requesting clear copies of the lastest Form I-94 card. It is our practice to ensure that each petition filed [...]