H-1 Status Under Attack
On January 8, 2010, CIS issued a policy memorandum focused on H-1B professionals placed at third-party customer sites. The heart of the memorandum deals with the issue of whether there is an employer/employee relationship between the foreign national and the H-1 Petitioner. CIS’ new interpretation is clearly designed at rejecting such H-1 petitions and extensions.
It is not clear whether the January 8th memorandum violates the Administrative Procedures Act but for the moment it is the law.
We also want to alert you that the CBP airport inspectors, at least at JFK and Newark, are also applying the principles from the memorandum and refusing entry to some H-1 visa entrants.
For those of your H-1 employees traveling outside of the United States, they need to be aware of this significant change in policy and carry sufficient documentation with them to establish the employee/employer relationship. They need to be prepared to accurately and persuasively answer the CBP airport inspector’s questions.
This comes on top of CIS’ current promise to conduct 25,000 H-1 audits throughout the United States between now and September 30, 2010.
Please call us if you have any questions in regard to these developments.