March 30, 2010

Discussions Continue on H-1B Employment Relationship Memo

Representatives from the United States Citizenship and Immigration Service (USCIS) held a "listening session" with stakeholders to learn about the implications of the January 8, 2010 "employer-employee relationship" H-1B memo on the healthcare industry. Eleven representatives from USCIS, including three Directors, met with twenty immigration lawyers and healthcare industry representatives. The session was attended by additional stakeholders telephonically.

USCIS opened the discussion by stating that the session was a chance for stakeholders to let USCIS know why the employer-employee relationship as defined in the H-1B memo renders healthcare staffing companies’ participation in the H-1B program impossible. Those present explained that the H-1B memo’s emphasis on control of day-to-day activities is problematic in terms of the employment structure for physicians, occupational therapists/physical therapists and specialty nurses. While USCIS said its statistics did not show increased denials for physician H-1B petitions, the participants said the H-1B memo had triggered several requests for evidence, which were burdensome for employers. Several participants requested additional guidance from USCIS regarding staffing companies. In closing, USCIS said it would consider refining its guidance.