Friday, February 26, 2010

Recent Neufeld Memo on H-1Bs

A recently issued CIS memo on H-1B employment threatens to change the H-1B landscape just it time for the upcoming H-1B season. The memo discusses what employment relationships will be considered appropriate for H-1B purposes. Many employment relationships, particularly in the IT field, may no longer pass muster. In deciding weather an employer-employee relationship exist, CIS will place a heavy emphasis on the employer's right to control the work, and will question relationships where an employee is working off-site. In the case of H-1B extension requests, CIS will require proof of the relationship in the form of
W-2s and paystubs.

Sunday, February 7, 2010

H-1B Admissions at Newark Airport

Recently it was reported that H-1B nonimmigrants from India were being denied admission to the US upon arriving at Newark International Airport. These individuals were questioned about who they would be working for, who would pay their salaries, and what their job duties would be. In some cases the individuals would be subjected to expedited removal and visa cancellation.

The New Jersey Chapter of AILA (American Immigration Lawyers Association) inquired about these reports at a meeting withCBP (Customs and Border Protection). CBP has said that this is the result of investigations into fraud, and denied that there was any discrimination at work.