Breaking News :
Complaint Filed Challenging Employer-Employee/Third-Party Placement Memo (Posted 6/8/2010)
Broadgate, Inc., et al v. USCIS, et al
Case number: 1:10cv00941
This Application for Preliminary Injunction and Complaint filed on June 8, 2010 by Greenberg Traurig LLP in the U.S. District Court of the District of Columbia, challenges USCIS’s application of the January 8, 2010, Neufeld Memorandum’s definition of employer-employee relationships, resulting in the denial of H-1Bs filed by IT staffing firms. Judge Gladys Kessler will be hearing the case. More details to follow.
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Cap count update -USCIS Continues to Accept FY 2011 H-1B Petitions, (updated 4/9/2010)
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.
USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.
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AILA Seeks Clarifications to Neufeld Memo (Updated 03/26/2010)
Washington, D.C. March 25, 2009:
On January 8, 2010 Donald Neufeld, Associate Director, Service Center Operations for the U.S. Citizenship and Immigration Services (USCIS), issued a memorandum pertaining to H-1B petitions. The American Immigration Lawyers Association (AILA) has requested that the Neufeld memo be withdrawn, as it is problematic and contradictory to the business models of certain industries that often rely on H-1B workers. Of particular concern are issues related to third-party placement policies.
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H-1B Dependent Employer Beware: The U.S. Department of Labor Announced that it will Exercise its Authority to Certify U Visas. (updated: 3/16/2010)
"On March 15th, 2010, the U.S. Department of Labor ("DOL") Secretary Solis announced that the DOL will begin exercising its authority to certify applications for U Nonimmigrant Status Visas ("U Visas")." This tool can be used by the DOL in H-1B/LCA Audit and related Wage and Hour Investigations.
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