USCIS New Policy Memo on H-1b Visas

Pursuant to a settlement agreement reached in Federal Court, the USCIS has released an official Policy Memorandum which eliminates the Neufeld memo from 2010 and the contracts and itineraries memo from 2018. This is a major victory for IT and healthcare staffing cos. The new memo reminds employers that they must continue to prove the… Continue reading USCIS New Policy Memo on H-1b Visas

H-1b Data Released

The NFAP has published a study on H-1b usage. One of the more interesting finds is that sponsorship of new H-1b petitions by the traditional Indian off-shore houses has fallen. The assumption is that this is the result of the roadblocks designed to make it more difficult for staffing/consulting companies to place H-1b workers at… Continue reading H-1b Data Released

District Court Issues Decision on H-1b Validity Period

In Valorem Consulting Group v. USCIS, the United States District Court for the Western District of Missouri considered whether it was arbitrary and capricious for USCIS to grant an H-1b visa for only a one year validity period when the Beneficiary was expected to work on multiple projects for different clients. In this case, the… Continue reading District Court Issues Decision on H-1b Validity Period

Thanks to attendees

A special thanks to those of you who attended our IT and healthcare staffing seminar in Newark, NJ on Fri. We appreciate your attendance and participation in a lively discussion about the Neufeld memo, EB2 programs, L-1b’s, RFE’s, retrogression, HR 3012, and a variety of compliance related topics. We look forward to seeing you again next year… Continue reading Thanks to attendees

Staffing Cos. score victory !

This week, the USCIS released revised FAQ’s clarifying portions of the Jan 2010 Neufeld memo.  The original Neufeld memo declared that staffing cos. engaging in staff augmentation were not employers as that term was going to be interpreted by the USCIS. After a significant amount of lobbying by various business and legal groups, most notably… Continue reading Staffing Cos. score victory !

White House Urged to Reform Skilled Visa Policies

Coinciding with the release of a study conducted by the National Foundation for American Policy, a group of US business leaders met with President Obama and urged him to reform the skilled visa system through the utilization of policy reforms. Though President Obama consistently talks about government getting out of the way of private business, his policy-makers… Continue reading White House Urged to Reform Skilled Visa Policies

TechServe Alliance Meets with USCIS Director

Last week,TechServe Alliance  representatives met with USCIS Director Mayorkas and discussed the use of the H-1b program by IT staffing and consulting  firms and specifically, the negative impact of the Neufeld policy memo. It is hoped that by listening to US stakeholders that the USCIS will implement H-1b policies that are more consistent with job growth… Continue reading TechServe Alliance Meets with USCIS Director

MFH thoughts on USCIS Forum Re: Neufeld memo

On Fri, the USCIS held an open forum to discuss the impact of the January Neufeld memo which prohibited “job shops” from participating in the H-1b program, and, specifically, the impact to healthcare staffing companies. Both Sherry Neal and myself attended along with several other attys. that represent physician and therapy staffing companies.  First, I… Continue reading MFH thoughts on USCIS Forum Re: Neufeld memo

AILA’s Business Litigation Comm. Re: Neufeld memo

 The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act.  There is also the belief that the memo violates long-standing precedent and established… Continue reading AILA’s Business Litigation Comm. Re: Neufeld memo