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Archive for January 14, 2010

ESTABLISHING THE “EMPLOYER-EMPLOYEE” RELATIONSHIP IN H-1B PETITIONS

According to a USCIS Q&A:  “U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.  The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements:  Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).”  In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.”

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com.

USCIS CHANGES ITS ORGANIZATIONAL STRUCTURE

The revised Organizational Chart that became effective 1/6/2010 shows changes to the structure.  USCIS Director Alejandro Mayorkas released a statement regarding the changes.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com.

DHS TEMPORARILY HALTS DEPORTATIONS TO HAITI

According to miamiherald.com:  “In the aftermath of Haiti’s catastrophic earthquake, the Obama administration announced Wednesday it was temporarily suspending deportations of undocumented Haitians.”

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com.

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