First, the DC Court invalidated the ‘Neufeld Memo’ that USCIS has been illegally relying on since 2010.
Following the March 10, 2020, decision of the U.S. District Court for the District of Columbia in ITSERVE Alliance, Inc. v. Cissna, U.S. The USCIS reached an agreement this week with the plaintiff, the business group ITServe Alliance, a group that represents IT services organizations who filed the lawsuit in late 2018 challenging USCIS policies as outlined below that impacted information technology employers who hire software professionals working at third-party worksites. ; No need to submit a client letter as a mandatory pre-requisite document. This relief, however, is limited to cases in pending litigation and other employers must separately bring suit to overturn similar denials. • Back on January 8, 2010, "USCIS began with the “Neufeld” memo issued on January 8, 2010. Necessary cookies are absolutely essential for the website to function properly. All rights reservedThis website uses cookies to improve your experience while you navigate through the website. The court gave the agency 60 days to take action on all pending petitions. Possible additional consideration of issues raised. Since 2018, ITServe has been challenging the erratic H-1B adjudication pattern by USCIS for the last 10 years. • USCIS has reached a settlement with the business group ITServe Alliance. USCIS draft policy memo to clarify USCIS requirements involving agents who are serving as petitioners in O and P petitions. Memo clarifies portions of a 11/20/09 memo and adds guidance on certain documentary requirements. Feel free to reach out with questions at © Copyright 2019. © 2020 International Legal and Business Services Group. But opting out of some of these cookies may have an effect on your browsing experience.USCIS Rescinds 2010 and 2018 Policy Memoranda for H-1B PetitionsOn June 17, 2020, USCIS announced that it is effective immediately, rescinding two policy memoranda regarding the adjudication of certain H-1B nonimmigrant petitions.USCIS and ITServe Alliance, Inc. came to an agreement for USCIS to rescind two policy memoranda:Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)), HQ 70/6.2.8 (AD 10-24), issued January 8, 2010Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites, PM-602-0157, issued February 22, 2018Petitioners of H-1B cases must still meet all other statutory and regulatory requirements and any binding court precedent, Administrative Appeals Office decisions and any other effective policy guidance and be careful not to submit any material misrepresentations.USCIS Officers will still be required to adjudicate H-1B petitions and determine if employers and beneficiaries have An officer may still deny a petition where the petitioner has not established that the beneficiary works in a specialty occupation. The DC court invalidated the Neufeld Memo, and the Feb 22, 2018 Contracts and Itinerary Memo. These updated procedures are effective 30 calendar days from the date that this memorandum is issued. Ask us anything. As before mentioned for the past 10 years, H-1B denial rates had risen to levels of 30% or more leaving employers stranded without skilled workers to perform jobs and workers without legal status.For recent immigration law news and updates, stay tuned to Emandi Law Firm. This category only includes cookies that ensures basic functionalities and security features of the website. ITServe Alliance is the largest association of IT Services, Staffing, Consulting organizations. It is mandatory to procure user consent prior to running these cookies on your website.Our Web Chat Feature makes it simple and seamless for business and people to talk to each other. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Memo is not currently in effect. You also have the option to opt-out of these cookies. The Court made four significant decisions in favor of ITServe. USCIS’s prior “Neufeld” memo issued on January 8, 2010, governs the authority to deny H-1B petitions based on a potentially restrictive interpretation of the H-1B employer’s “employer-employee” relationship with the employee, including when an H-1B visa holder performs work at a customer’s location.
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