Guestbook Entry for Rishab Chawla, United States
Name
Rishab Chawla
Country
United States
State
Illinois
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USCIS Memo on Establishing the "Employee-Employer Relationship" in H-1B Petitions
U.S. Citizenship and Immigration Services (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 memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
Guestbook Entry for DVS Enterprises LLC, United States
Name
DVS Enterprises LLC
Country
United States
Guestbook Entry for Vanessa Trinidad, United States
Name
Vanessa Trinidad
Country
United States
State
CT
Another H-1 approval without end-client letter
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
Nonimmigrant Visas
Rajiv's Comments in The Times of India - Trump administration unveils 'Project Firewall' to crack down on H-1B visa abuse
Published by: The Times of India - September 23, 2025
Quotes and Excerpts from Rajiv in the article:
Critics, however, caution that the new initiative could have unintended consequences. Speaking to TOI, Rajiv S. Khanna, managing attorney at Immigration.com, said that while the goal of protecting American workers is “laudable,” the initiative risks overreach.
Proclamation Restricting Entry of H-1B Nonimmigrant Workers: A Legal Analysis of the New $100,000 Payment Requirement
Question details
Given the Proclamation's requirement for a $100,000 payment for new H-1B visa petitions, what are the primary legal and operational challenges for U.S. employers, and what legal strategies are available to mitigate potential adverse impacts on staffing and business operations?
On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers.
This Proclamation:
Entering USA, what to expect?
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Importance of having continuity of employment/pay stubs
Here is a question from our clients-only extranet.
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
H-1B Employer Employee Memo of 8 January - Practice Hints
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
Rajiv's Comments in The Times of India - Senators unveil bipartisan H-1B, L-1 visa reforms bill: US educated STEM individuals to get priority in selection
Published by: The Times of India - September 30, 2025
Quotes and Excerpts from Rajiv in the article:
Rajiv's Comments in The South China Morning Post - India’s tech sector fears impact of Trump’s US$100,000 H-1B visa on US market
Published by: The South China Morning Post -23 September, 2025
Quotes and Excerpts from Rajiv in the article:
“The imposition of a US$100,000 fee on H-1B visas represents an unprecedented shift in US immigration policy,” said Rajiv Khanna, a US lawyer providing immigration advisory services to global clients.
H-1B Proclamation Analysis: Understanding the $100,000 Fee and Entry Restrictions
What We Know So Far (This info will be continually updated with new developments)
Updates October 20th, 2025 from the USCIS
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
UPDATE: USCIS Issues More Detailed Guidance on $100,000 H-1B Payment Requirement