| Contents | Vol. 4, No. 3,
February 1, 2010 |
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| The new USCIS H1b memo: History and context | ||||||||||||
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The January
8, 2010 USCIS memo concerning
H1B “third party site
placement” memo has provoked a
great deal of concern and
controversy. In reality, there
is little new in this memo.
That is, the USCIS has been
applying these same standards
for at least the past one year.
The new memo simply articulates
in one document what we have
been seeing in requests for
evidence since January, 2009.
For this reason, you should not
expect to see radical changes
in USCIS adjudications
immediately following the
publication of the memo.
To read the full article,
click here
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The new USCIS H1b memo: Analysis of the memo |
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The January 8, 2010 USCIS memo on the subject of H1B “employer-employee” relationships has caused a great deal of unnecessary panic. For example, while this memo does not in any way deal I-140 immigrant preference petitions, many people have mistakenly concluded that it does. The memo is limited to H1B situations only and does not attempt to go beyond that subject.
To read the full article, click here |
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The new USCIS H1b memo: Why they are wrong on the law |
The USCIS memo on the issue of
H1B employer-employee
relationships is clearly and
demonstrably wrong on the law.
Imagine what would happen if
they were right. “Job shops”
would be able to assert, as an
absolute affirmative defense in
LCA enforcement actions, that
they are not “employers” as
that term is defined for H1B
purposes. As such, the
Department of Labor (DOL)
regulations do not apply to
them. By their own terms, those
regulations only apply to H1B
“employers.” If a “job shop” is
not an employer for H1B
purposes, then the LCA
provisions do not apply to
them.
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To read the full article,
click here |
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The new USCIS H1B memo: Section IV - Recommendations for dealing with the memo |
The CIS memo is
demonstrably wrong on the law.
That is an irrefutable fact.
The problem is that as with so
many other CIS policies that
are without legal foundation,
the agency will follow them no
matter what the law provides.
The issue thus becomes how to
deal with CIS adjudicators
until the legality of this
policy memo is decided in the
courts. |
To read the full article, click here |
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| New backlog data |
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We recently received unofficial, but highly reliable additional information concerning the size of the employment based second and third preference backlogs. This information provides a snapshot only. The data is constantly changing and due to the impossibly inept and inefficient CIS reporting system, impossible to predict with any degree of even mid-term accuracy. |
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To read the full article,
click here |
| CIR update (Feb. 1, 2010) |
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The past week has seen a
great deal of speculation
about the fate of
Comprehensive Immigration
Reform (CIR). The
Massachusetts special
election and the President's
State of the Union address
have both led many to
conclude that CIR is
unlikely to be considered in
this session of Congress.
That conclusion may well be
correct, but for entirely
different reasons.
To read the
full article,
click here |
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The continuing problems at Newark and JFK airports Last month, the CBP staff at Newark airport began detaining and refusing entry to legitimate H1b nonimmigrants for wholly illegal and irrational reasons. This practice not only continues, but has now spread to JFK airport in New York. Legitimate H1b nonimmigrants are being refused entry for reasons not set forth in the law. |
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To read articles as they are published, please visit the ImmInfo Blog.
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