Staffing Cos. score victory !

By |2012-03-14T23:31:49+00:00March 14th, 2012|Categories: US Immigration Policy, Visas - H-1b, L-1, E, O, TN|Tags: , , , , , , , |

This week, the USCIS released revised FAQ's clarifying portions of the Jan 2010 Neufeld memo.  The original Neufeld memo declared that staffing cos. engaging in staff augmentation were not employers as that term was going to be interpreted by the USCIS. After a significant amount of lobbying by various business and legal groups, most notably TechServe Alliance, the USCIS has now modified their position.  Specifically, question thirteen notes that there are situations in the consulting / staffing world that would constitute a valid employee – employer relationship.  USCIS noted that adjudicators would consider the following factors in reviewing the relationship: “whether the petitioner pays the beneficiary’s salary, whether the petitioner will determine the beneficiary’s location and relocation assignments . . . , and whether the petitioner will perform supervisory duties such as conducting performance reviews, training, and counseling.”  Question five which specifically states that end client letters are not required is not a change but, has been a part of the policy since August of 2011. We are very pleased to see this guidance from USCIS. We are hopeful that the adjudicators at the Service Centers and Consular officials take note of this guidance and follow it.