Atlanta, GA Monday, February 1, 2010 -
Atlanta immigration Attorney Karen Weinstock of Siskind Susser Immigration Lawyers, author and editor of the H-1B Visa Book, criticized a recently issued memorandum by USCIS (U.S. Citizenship and Immigration Service), which changed the definitions of employer-employee in the context of H-1B visa applications. The January 8, 2010, Donald Neufeld Memorandum completely reverses multiple USCIS decisions and policy as well as employment law provisions in Federal and state laws.
"The memo specifically goes after IT Consulting firms or placement firms where the individual is placed at a third party worksite and does not implement the Consulting company's proprietary software. IT implementation firms appear to be protected by this memo but they are not completely out of the woods", said immigration attorney Weinstock.
"This memo added an inappropriate interpretation of the employment term "Right to Control" the employee. As a result, it also goes after small business owners that are sole owners of the company sponsoring them for H-1B visas, or majority shareholders in the same", Weinstock added, "Where small business has been the engine for job growth in this country over the past decade".
"This memo brings a sharp departure from prior USCIS policies and decisions, and directly contradicts many Federal and state laws relating to employment, including discrimination laws, equal pay and the Fair Labor Standard Act" said Karen Weinstock, managing attorney of the Atlanta immigration law firm For example, an owner of a company is also considered an employee for salary, health and retirement benefit purposes, as well as other employment benefits, even though he or she is also a shareholder.
"Since the Immigration Service did not follow the government's process for rulemaking, including publishing the proposed change in the Federal Register, it may be voided soon as illegitimate rulemaking", added Atlanta immigration lawyer Karen Weinstock. AILA, the American Immigration Lawyers Association has already contacted USCIS requesting it to withdraw this memo. If it is unsuccessful in doing so, litigation in the Federal Courts against the immigration service may follow.
Media Contact: Karen Weinstock
404-935-0056
Kweinstock (at) visalaw (dot) com
About Siskind Susser:
Siskind Susser is one of the largest immigration law firms in North America and its Atlanta immigration attorneys, a part of the Atlanta immigration law firm have experience handling all aspects of American immigration and nationality law . We are co-founders of Visalaw International - the Global Immigration Law Alliance and work with many of the world's top immigration specialists assisting companies and individuals relocate anywhere in the world. Our lawyers provide consultations to corporations and individuals on immigration law issues and handle cases before the government.
Atlanta immigration Attorney Karen Weinstock of Siskind Susser Immigration Lawyers, author and editor of the H-1B Visa Book, criticized a recently issued memorandum by USCIS (U.S. Citizenship and Immigration Service), which changed the definitions of employer-employee in the context of H-1B visa applications. The January 8, 2010, Donald Neufeld Memorandum completely reverses multiple USCIS decisions and policy as well as employment law provisions in Federal and state laws.
"The memo specifically goes after IT Consulting firms or placement firms where the individual is placed at a third party worksite and does not implement the Consulting company's proprietary software. IT implementation firms appear to be protected by this memo but they are not completely out of the woods", said immigration attorney Weinstock.
"This memo added an inappropriate interpretation of the employment term "Right to Control" the employee. As a result, it also goes after small business owners that are sole owners of the company sponsoring them for H-1B visas, or majority shareholders in the same", Weinstock added, "Where small business has been the engine for job growth in this country over the past decade".
"This memo brings a sharp departure from prior USCIS policies and decisions, and directly contradicts many Federal and state laws relating to employment, including discrimination laws, equal pay and the Fair Labor Standard Act" said Karen Weinstock, managing attorney of the Atlanta immigration law firm For example, an owner of a company is also considered an employee for salary, health and retirement benefit purposes, as well as other employment benefits, even though he or she is also a shareholder.
"Since the Immigration Service did not follow the government's process for rulemaking, including publishing the proposed change in the Federal Register, it may be voided soon as illegitimate rulemaking", added Atlanta immigration lawyer Karen Weinstock. AILA, the American Immigration Lawyers Association has already contacted USCIS requesting it to withdraw this memo. If it is unsuccessful in doing so, litigation in the Federal Courts against the immigration service may follow.
Media Contact: Karen Weinstock
404-935-0056
Kweinstock (at) visalaw (dot) com
About Siskind Susser:
Siskind Susser is one of the largest immigration law firms in North America and its Atlanta immigration attorneys, a part of the Atlanta immigration law firm have experience handling all aspects of American immigration and nationality law . We are co-founders of Visalaw International - the Global Immigration Law Alliance and work with many of the world's top immigration specialists assisting companies and individuals relocate anywhere in the world. Our lawyers provide consultations to corporations and individuals on immigration law issues and handle cases before the government.
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