Newsletter - February 2010

Newsletter - February 2010
February 1, 2010
H1B News Regarding Employer-Employee Relationship
Effective immediately, H-1B petitions must include evidence that valid employer-employee relationship exists.

Such a relationship hinges on the employer’s right to control the means and manner in which the work is performed. USCIS’ memorandum lists a variety of factors to be considered when evaluating the employer’s right to control the H-1B employee including the manner and extent to which the employer actually supervises the employee; the employer’s right to control the employee’s daily work and work product; and the employer’s right to hire, pay and fire the beneficiary. (more)

Latest on Comprehensive Immigration Reform
On December 15, Representative Gutierrez (D-Ill.) introduced the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP) in the House of Representatives. To date, the bill has 92 co-sponsors, all of them Democrats, and addresses border security and enforcement, visa backlogs, and earned legalization of undocumented individuals. (more)

Spotlight on ILG's LCA and I-9 Related Services
Furthering the trend of heightened governmental scrutiny into foreign national employment, USCIS recently announced an organizational restructure that establishes a new Fraud Detection and National Security Directorate. As stated by USCIS Director Alejandro Mayorkas, "This change reflects our prioritization of our anti-fraud and national security responsibilities and will bring greater focus to them." (more)

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