Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
Introduction
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee. USCIS will not rely upon the date that the petition is postmarked.
U.S. Citizenship and Immigration Services sent this bulletin at 03/27/2012 06:07 PM EDT
Dear Stakeholder,
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
To view FAQ please check the attachment.
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.
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:
Published by: The Times of India - September 30, 2025
Quotes and Excerpts from Rajiv in the article:
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.
What We Know So Far (This info will be continually updated with new developments)
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