Second, it conflates the employer’s duty to pay the required wage with the employee’s distinct obligation to maintain lawful status.Presumably, a USCIS adjudicator in reliance on the quotation might find, for example, that a medical disability would still allow the individual to be classified as having maintained lawful status if the employee on medical leave is not paid under the benefits plan, the FMLA or the ADA or some other law requiring payment. The Background: USCIS had published two memos in the past that changed how USCIS adjudicated (process) the H-1B Visa petition. (Readers should note that USCIS in the past has often approved an otherwise approvable H-1B petition, and found no violation of status, as a result of a leave of absence that is medically justified and reasonable in duration – whether or not the employer has paid the required wage in the interim. In practice, USCIS had required proof of day-to-day assignments to establish the availability of specialty occupation work, and too often approved H-1B petitions only for the duration of the customer contract rather than for the otherwise-applicable statutory maximum period of H-1B petition validity. These documents often contained confidential business information; thus, procuring them for each employee often entailed needless delay and inconvenience, requiring outreach to, and delicate negotiation with, the corporate customer.Employers petitioning for H-1B noncitizens for offsite work no longer need to file evidence obtained from customers. Numerous questions remain unanswered in the new memorandum, including these:Given that the June 17, 2020 memorandum does not fully address these and other foreseeable situations arising in response to the pandemic, H-1B employers and employees have little choice but to consult with their immigration counsel and await case-by-case adjudication outcomes – unless of course USCIS is again required to recant the latest guidance through federal court litigation.Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda — Agency Also Offers Unclear Guidance on H-1B “Nonproductive” StatusAnother Day, Another Immigration Executive Order: Now Federal Contractors are TargetedPursuing a National Interest Exception to the Presidential Entry Bans on Economic Grounds — Not A Fool’s ErrandVisa Obligations & COVID-19 Changes in Working Conditions To find remaining AFM content, see the This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].Official Website of the Department of Homeland Security Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy ManualTechnical Update - Replacing the Term “Foreign National” In May 2020, USCIS retired its Adjudicator’s Field Manual (AFM), a collection of our immigration policies and procedures. On June 17, 2020 USCIS issued a Policy Memorandum in which it rescinded the 2018 and the 2010 Memoranda The new USCIS Policy Memorandum issued on June 17, 2020 indicates that the petitioner is not required by an existing regulation to submit contracts or legal agreements between the petitioner and third parties. USCIS llevará a cabo labores de mantenimiento del sistema electrónico (CRIS) comenzando el martes, 18 de agosto a las 11:59 p.m. hasta el miércoles, 19 de agosto a las 3:00 a.m. (hora del este). Home » Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda — Agency Also Offers Unclear Guidance on H-1B “Nonproductive” Status ... By Angelo A. Paparelli In the wake of recent losses in the federal courts, U.S. .In assessing whether a beneficiary’s non-productive status constitutes a violation of the beneficiary’s H-1B nonimmigrant classification, the officer must assess the circumstances and time spent in non-productive status.As the memorandum notes, the Immigration and Nationality Act (INA) and regulations of the U.S. Department of Labor (DOL) require that the employer continue to pay H-1B nonimmigrants the “required wage” reported to DOL if the employee “is not performing work and is in a nonproductive status due to a decision by the employer.” (This obligation, sometimes described as the duty to pay during periods of “benching,” applies as well to H-1B1 employees from Chile and Singapore and to E-3 workers from Australia.) See, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” HQ 70/6.2.8 (AD 10-24), issued January 8, 2010. Until then, we have moved any remaining AFM content to its corresponding Policy Manual Part. USCIS Extiende el Permiso de Permanencia Transicional para Solicitantes de Estatus de … Yet it leaves many questions unanswered.For more than a decade, USCIS had required employers intending to place H-1B employees at third-party worksites to submit proof of client contracts, purchase orders, statements of work, letters from customers, and similar evidence to establish that the H-1B petitioner (and not the customer) was and would remain the actual employer of the sponsored worker. . The June 17 memorandum also provides partial guidance on possible petition denials and revocations, as well as potential status violations, when employees are placed in nonproductive status, whether in response to COVID-19, or otherwise. To the extent that a provision in the Policy Manual conflicts with remaining AFM content or U.S. .
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