During the Spring AILA conference on Friday, March 26, USCIS Director Alejandro Mayorkas spoke of the Neufeld memo only briefly. He reiterated the goal of transparency and reaching out to stakeholders on how to improve processes, but that the Neufeld memo was an example of where they had it backwards (issuing a memo and then later reaching out for the impact). He said, “we will right any wrong that has been memorialized in that memo.”
Later in the day, the USCIS held its second open discussion topic on the Neufeld memo — this meeting focused solely on the impact to the healthcare industry. USCIS has said they will be issuing further clarification or guidance (not necessarily withdrawing the memo) by the middle of April. HLG attorneys Mike Hammond and Sherry Neal attended the session in-person. Mike Hammond pointed out to USCIS that any focus on “control” should center on control of the “employee” (terms of employment such as location, job assignment, salary, etc.) not control of the “day-to-day activities of the employee”.