If you didn't find what you were looking for, try a new search!
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 [...]
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. [...]
We have written extensively in the past regarding the January 8, 2010 Neufeld Memo which introduced guidance requiring H-1B applications to show proof of employer-employee relationship between the H-1B petitioner and beneficiary. The Neufeld Memo has affected mostly staffing and consulting companies where the H-1B beneficiaries are employed at third-party worksites. USCIS Sued to Prevent [...]
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 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 [...]
Update (May 3, 2019): The Policy Memorandum has been blocked by a preliminary injunction. In a Policy Memorandum dated May 10, 2018 and effective as of August 9, 2018, U.S. Citizenship and Immigration Service (USCIS) is changing the way it treats non-immigrants who are in the U.S. on F, J and M status and, specifically, [...]
The Department of State (DOS) has provided a number of interesting observations and statistics about the processing of visas at each of the U.S. Consulates in New Delhi, Chennai and Mumbai. The reported information is as of late November 2013 but most of it is not time-sensitive and we believe remains current as of today. [...]
H-1B Wage Level I RFEs – Tips and Strategies for Navigating This Complex Issue October 6, 2017 1:00-2:00 PM EST Thousands of Wage Level I-related RFEs have been issued by USCIS since June 2017. H-1B cap cases, in addition to transfer, extensions or amendments have been targeted where USCIS is challenging the suitability of Wage [...]
In recent years, despite the U.S.’s rich history as a haven for ambitious immigrants, many foreigners looking to work in the U.S. have had to cope with increasingly restrictive immigration policies. As a result, the number of immigrant-founded startups in Silicon Valley, to take an example, has declined from 52.4% in 2005 to 43.9% in [...]
In a recent report the National Foundation for American Policy (which claims to be a non-profit, non-partisan organization dedicated to public policy research on trade, immigration, education, and other issues of national importance) has analyzed the USCIS rates of issuing requests for evidence (RFE) and denials of L-1 and H-1B petition over the past several [...]
