H1B VISA FOR FISCAL YEAR 2011

Due to the recent changes in the new labor condition certification (LCA) process and greater scrutiny of H1B visa application, it is strongly recommended that the H1B visa process is started as soon as possible. 

Preparation time is key now, more than ever, with the new LCA certification process taking a minimum of 2 weeks and up to 4 weeks should the employer undergo a business verification process.

Contact Us Today Toll Free 800.993.9097 or Email us at info@usimmhelp.com.

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 Neufeld Memo clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The Neufeld Memo 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.

1. Memorandum: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements Source: Neufeld Memo, January 8, 2010

2. Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions Source: USCIS Questions and Answers, January 13, 2010