AILA Seminar on Neufeld H-1B Employer-Employee Relationship Memo 

Goel & Anderson's Managing Partner, Vic Goel, will appear as a faculty member for "Late Breaking: Interpretations and Implications of the January 8, 2010 Neufeld Memo on the H-1B Employer-Employee Relationship," a continuing legal education seminar presented by the American Immmigration Lawyers Association (AILA) on February 26, 2010.

The January 8, 2010 Neufeld memorandum significantly altered USCIS' definition of the employer-employee relationship as it relates to third-party worksite placements in the context of H-1B petitions, and has the potential to reach other aspects of employment-based immigration as well. The memo also departs from long-standing precedent and concludes that persons with a substantial interest in a petitioning company cannot, in most cases, qualify as a beneficiary of an employment-based nonimmigrant or immigrant visa. This seminar will dissect the Neufeld memorandum, offer strategies and tips for preparing H-1B petitions and responding to RFEs, and will discuss the potential impact of the memorandum on various aspects of employment-based practice including FDNS site visits and advising an employee regarding travel.

The seminar program will cover the following topics:

  • Defining Employer-Employee Relationship and Third Party Placement
  • Types, Options, Formats and Levels of Documentary Evidence Required to Support the Employer-Employee Relationship
  • H-1B Eligibility for Owners of Substantial Interest in the Petitioning Company
  • Impact of Memo on Access to Key Talent for "End User" Employers
  • The Pitfalls of USCIS' Role in Ensuring LCA Compliance-The End of Amendments Only for "Material" Changes and the October 23, 2003 Hernandez Guidance?
  • Impact on H-1B Cap Cases, Amendments, Extensions and Travel Concerns
  • End Dates and Strategies to Minimize Negative Impact and Results
  • Application of Memo on FDNS Site Visit/Notice of Intent to Revoke Scenarios
  • Violation of the Administrative Procedure Act? Advocacy, Appeals and Approaches to Litigation-Where Do We Go From Here?

This seminar features prominent immigration attorneys in a high-level discussion intended as legal education for other practicing immigration attorneys.

Information on how to register for the seminar or purchase an audio recording is available from AILA, the national association of over 11,000 attorneys and law professors who practice and teach immigration law.

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