MFH thoughts on USCIS Forum Re: Neufeld memo

By |2010-03-29T14:17:08+00:00March 29th, 2010|Categories: Government Agency Actions - USCIS, ICE, etc., US Immigration Policy, Visas - H-1b, L-1, E, O, TN|Tags: , , , |

On Fri, the USCIS held an open forum to discuss the impact of the January Neufeld memo which prohibited “job shops” from participating in the H-1b program, and, specifically, the impact to healthcare staffing companies. Both Sherry Neal and myself attended along with several other attys. that represent physician and therapy staffing companies.  First, I do have to give kudos to the USCIS for even having such a session. Certainly, it would’ve been nice to have such an information gathering session PRIOR to the release of a policy memo that changes 30 plus years of practice but, hey, better late than never.  Secondly, the motive behind the memo attacking “job shops” was confirmed. The memo was released with the intention of preventing “job shops” from participating in the H-1b program. Follow the bouncing ball:  Lots of “fraud” in the H-1b program perceived by certain Congressional members (refer to the “fraud” report from the fall of 2009 which by the way is one of the most flawed reports I have ever seen) + Lots of fraud observed by USCIS officials from site investigations and other initiatives + The majority of both the “fake fraud” touted by Congressional members and the real fraud observed by USCIS was committed by “job shops” + Limited to no impact of anti-fraud measures from the enforcement side of USCIS and/or DOL  =    “Eureka moment” We can prevent fraud by simply declaring the class  most responsible for the fraud ineligible to file. It started with the requirement of end client letters, followed by an incredulous interpretation of the itinerary requirement and culminated with the January Neufeld memo. The USCIS is smart, they knew that a memo that simply stated “ No More Job Shops Need Apply” would likely have trouble passing APA muster and even some Congressional [...]