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.
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.
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.
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.
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.
Published by: The Times of India - December 04, 2025
https://timesofindia.indiatimes.com/world/us/us-to-scan-social-media-of…
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, managing attorney at Immigration.com expressed dismay that a country which professes to be a shining beacon of free speech does not appreciate it.
Last Updated: December 3, 2025
As of December 15, the Department will expand the requirement that an online presence review be conducted for all H-1B applicants and their dependents, in addition to the students and exchange visitors already subject to this review. To facilitate this vetting, all applicants for H-1B and their dependents (H-4), F, M, and J nonimmigrant visas are instructed to adjust the privacy settings on all of their social media profiles to “public.”
Release Date
12/04/2025
Maximum validity periods of some Employment Authorization Documents will be reduced
WASHINGTON – U.S. Citizenship and Immigration Services updated its Policy Manual to reduce the maximum validity period for Employment Authorization Documents (EAD) for certain categories of aliens. This update also incorporates changes to EAD validity periods made by recent legislation to ensure proper vetting and screening of aliens.