Immigration lawyers around the country continue to report issues and problems caused by USCIS’ January 8, 2010 memo redefining employer-employee relationships for adjudication of H-1B petitions. Of particular concern is the memo’s focus on consulting companies and arrangements as well as its focus on employer-owners. Some of the interpretations set forth in the memo have also been applied to other types of visa categories.

On March 19, 2010 the American Immigration Lawyers Association National Office submitted a response to the January 8th memo expressing its serious concerns regarding these issues. Hopefully USCIS will back off the new interpretations contained in the memo which reversed decades of established precedent.