News Flash: USCIS May Reopen Denied H-1B Petitions

News Flash: USCIS May Reopen Denied H-1B Petitions

ByJulia Fedorova

On Friday, March 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it may reopen, and possibly reconsider, previously revoked or denied H-1B petitions (Form I-129). Who is Eligible? To be eligible for consideration, a motion to reopen and/or reconsider a denied H-1B petition must: Be filed before the end of the validity period requested…

Key to H-1B Petitions: Employer-Employee Relationship

Key to H-1B Petitions: Employer-Employee Relationship

ByJulia Fedorova

Ten months after the release of the Neufeld Memo focusing on the employer-employee relationship aspect of the H-1B petition, the U.S. Citizen and Immigration Services (USCIS) appears to have retreated to a more reasonable interpretation of the common law relationship.  Focusing on the correct concept of “Right to Control” rather than the original unsupported position of…