US Work and Immigration Options for Foreign Professionals

We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential qualifications.
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.
OASP News Release: [05/13/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0563-NAT
Online advisor clarifies rights and responsibilities under H-1B visa program