ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Chris Musillo on Nurse and Allied Health Immigration

Neufeld Memo: First H-1B Cases Approved

Rate this Entry

by Chris Musillo


MU is pleased to report that it has received our first H-1B decisions under the Neufeld Memorandum. All of these first cases have been approved. Approvals have been received from both H-1B Service Centers. All of these H-1B cases were either filed or received RFEs after the January 8, 2010 publication of the Neufeld Memorandum.


In all instances, H-1B employers placed employees at third-party worksites. MU argued that the employer retained legal authority to hire, pay, fire, supervise or otherwise control. We used a variety of approaches in these first cases tailoring our approach to the facts at hand. We have received approvals for cases involving IT professionals and healthcare workers.


It is important to note that these approvals do not mean that the application of post-Neufeld Memorandum cases is settled. Under the Neufeld Memorandum, USCIS may seek additional evidence about the employer-employee relationship in instances where the employee works at a third-party site. USCIS may be delaying application of the Memorandum for some later point in time. Or, these first few cases may have simply not received stricter scrutiny. Nonetheless these first few cases indicate that H-1B cases can receive approval even if the employee is employed at a third-party worksite.

Submit "Neufeld Memo: First H-1B Cases Approved " to Facebook Submit "Neufeld Memo: First H-1B Cases Approved " to Twitter Submit "Neufeld Memo: First H-1B Cases Approved " to Google Submit "Neufeld Memo: First H-1B Cases Approved " to StumbleUpon Submit "Neufeld Memo: First H-1B Cases Approved " to Reddit Submit "Neufeld Memo: First H-1B Cases Approved " to Digg Submit "Neufeld Memo: First H-1B Cases Approved " to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. nagamani's Avatar
    Dear Chris,

    In the present situation Lobbyists should not wait for CIR.

    ILW & Lobbyists should work on possibilities of Introducing a seperate bill for lifting of retrogression. I feel it is much easier.

    Thanks
  2. Chris Musillo's Avatar
    @Nagamani-

    I agree. The current wisdom appears to be that CIR is unlikely to happen and so the shift to narrower immigration is ongoing.
  3. guest's Avatar
    Hmm how does that scenario work for an RN who would be offered H!B position through a agency that would place the nurse at a third party place such as a hospital?Would a nurse have to work in a specialty area such as ER , ICU or would a general nursing position such as medical-surgical qualify?
  4. Chris Musillo's Avatar
    @ Guest- Yes. That is correct. You should read this: http://www.musillo.com/2009/08/h-1b-for-nurses.html
  5. guest's Avatar
    Thank you for your answer .
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: