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Chris Musillo on Nurse and Allied Health Immigration

Neufeld Memo: First H-1B Cases Approved

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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.

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  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.

  2. Chris Musillo's Avatar

    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:
  5. guest's Avatar
    Thank you for your answer .
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