thought it would be useful for the folks trying to land in canada on PR visa and come back to US after short landing formalities.
Neufeld Memo – H1B Workers are Sent Back to India
By HSB
USCIS recently released new H1B memo called Neufeld Memo. It takes aim at mainly Indian H-1B IT workers at third-party client job sites. Neufeld Memo insists that there must be an employer-employee (H1B) relationship at all times during throughout the requested period of H-1B employment.
On one fateful day, January 11, 2010, when Continental Airlines Flight 49 landed in Newark from Mumbai, India, we know that CBP officer Matt McGirr and his colleagues, hunted through the lines for Indian H-1B workers even before they showed up for primary inspection. Their minds were made up. No detailed questions were asked. The moment they found Indian H-1B workers who uttered that they were working at a client site in the IT field, their fates were sealed. They were subjected to expedited removal orders and sent back to India.
Employer-Employee Relation
USCIS uses the following guidelines to determine Employer Employee relationship
Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
If the supervision is off-site, how does the petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
Does the petitioner hire, pay, and have the ability to fire the beneficiary?
Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
Does the petitioner claim the beneficiary for tax purposes?
Does the petitioner provide the beneficiary any employee benefits?
Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
Does the petitioner have the ability to control the manner and means in which the work product of the beneficiary is accomplished?
If H1B workers is working through a consulting company as contractors are mainly affected. Who will be affected because of this new memo. During H1B 2010 it was hard to find consulting companies who would apply for H1B visa, since they were receiving RFE's. But, this memo is targeting current H1B Visa holders working as contractors.
Link -------- http://www.happyschoolsblog.com/neufeld-memo-h1b-workers-deported-to-india/
Official USCIS LINK ------ http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
