Category Archives: H-1B Visas

Department of Commerce Issues Advisory Opinion on Applicability of Export Control Regulations to Staffing Firms

Shedding light on an issue that has vexed many employers of H-1B, H-1B, L-1, and O-1A foreign nationals since the new Form I-129 was unveiled last year, the U.S. Department of Commerce has issued an informal advisory opinion on the applicability of the “deemed export” provisions of the Export Administration Regulations (EAR) where foreign nationals work at a third party client … more

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H-1B Cap Count: USCIS’ Vermont Service Center Discloses Initial FY2011 H-1B Cap Usage Numbers

The American Immigration Lawyers Association (AILA) is reporting that U.S. Citizenship and Immigration Services received a total of 9,525 cap-subject H-1B petitions at its Vermont Service Center as of the close of business on Monday, April 5, 2010.  It should be noted that these preliminary numbers do not include FY2011 H-1B cap-subject cases received by the California Service Center (CSC).  For more info … more

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AILA Responds to USCIS Neufeld Memo on H-1B “Employer-Employee” Relationship

On March 19, 2010, the American Immigration Lawyers Association (AILA) submitted a memo to U.S. Citizenship and Immigration Services (USCIS) leadership addressing issues raised by the January 8, 2010 policy memorandum titled “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” commonly known as the Neufeld H-1B Memo. AILA’s response raises some very interesting points that seem to … more

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BusinessWeek takes aim at crooked H-1B employers; lives with collateral damage

  BusinessWeek magazine’s latest cover story, titled “America’s High-Tech Sweatshops,” is an in-depth examination of the unscrupulous tactics that crooked employers use to commit H-1B visa fraud.  While the BusinessWeek article hardly qualifies as fair and balanced, I still give it credit for shining a glaring light on the practices of a small group of bad apples who have given the … more

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Grassley Continues Crusade Against H-1B Visas

United States Senator Chuck Grassley (R-Iowa) reeled back and took another big swing at the H-1B visa program this week.  In a letter addressed to Alejandro Mayorkas, the new Director of U.S. Citizenship and Immigration Services (USCIS), Senator Grassley called out USCIS for failing to do enough to combat fraud in the H-1B program one year after the agency issued its H-1B … more

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