PHAM & CLOVES, PLLC

H-1B Visa Memo by USCIS’ Associate Director Donald Neufeld

On January 8, 2010, Associate Director Donald Neufeld of USCIS issued a memorandum regarding H-1B visas and employer-employee relationship, acts as a guide to field officer. The following is the Houston H-1B visa attorneys and the U.S. H-1B visas lawyers’ at Pham & Cloves, PLLC interpretation of the Memo. For more information, contact our U.S. H-1B attorneys and our Houston Texas H-1B lawyers for more information.

The Memo is intended to provide guidelines as to how officers should interpret employer/employee relationships where the employees work offsite at another location, such as through a third party client. The memo emphasize on whether the employer has “control” over the employee in those placements, or merely act as a contractor to fulfill a vacancy at a client’s site. If it is the later, the USCIS may determine that the employer lacks control over the employee; and therefore, there is a lack of an employer and employee relationship.

The Memo, however, had created unintended results. Over the past few weeks, immigration and border patrol agents have turned away many H-1B visa holders arriving to the U.S. The basis for the denial of entry is because the employer and the employee failed to established the employer/employee relationship as stated in the January 8, 2010 Memo. To avoid denial of entry, employers must work closely with H-1B visa lawyers that have experience in IT staffing and IT projects.

The Houston H-1B visa lawyers and the U.S. H-1B visa attorneys at Pham & Cloves, PLLC have had over 5 years experience in the staffing industry and IT project management. Our U.S. H-1B visas lawyers will assist employers how to prepare H-1B applications that would meet the employer/employee relationship, and prepare proper documentation for the consulate interview, as well as employee’s entry into the U.S. Contact the Houston H-1B attorneys and the U.S. H-1B lawyers at Pham & Cloves, PLLC for an evaluation and consultation regarding H1B visa applications and H-1B admission at the port of entry.