Form I-693 Green Card Medical Certification Validity Extended

A December 30 2009 memorandum issued by the USCIS extends the validity of medical examinations submitted along with green card applications. Formerly, I-693 medical examination/certification forms submitted with permanent residency applications were valid for one year. If the green application that the medical examination was submitted with is not decided within that period, the applicant was frequently required to submit an updated one. This sometimes resulted in green card applicants having to submit multiple medical examination prior to the completion of the adjustment of status process at great cost and expense.

With this announcement however, medical examinations submitted with adjustment of status applications remain valid until the adjustment of status applications are adjudicated. This new procedure makes it unnecessary to submit duplicate medical certifications which can be quite expensive for aliens.

pdf [Review USCIS Memorandum on Medical Certifications]

Employer-Employee Relationship for H-1B Visas On Third-Party Site, Self-Sponsors

January 8, 2010- The USCIS has issued a memorandum explaining how officers should evaluate the employer-employee relationship in adjudicating H-1B visa petitions. This memorandum directs USCIS officers on how to determine whether an employer-employee relationship exists in situations where the beneficiary is self-employed. It also addresses the standards for reviewing applications for independent contractors, beneficiaries who work at a third-party site, or at a location not operated by the employer sponsoring the H-1B visa application.

In order to obtain an approval of an H-1B visa application, the applicant has to establish that the petitioner is a U.S. employer and that a valid-employer-employee relationship exists between the beneficiary and petitioner. This can be somewhat difficult in situations of H-1B self-sponsorship, independent contractor status or where the employee works at a third-party site. This memorandum explains the method to be applied by USCIS officers in evaluating such petitions to determine if the required relationship exists for an H-1B visa status.

In making that determination, officers are required to evaluate a set of factors that bear on the ultimate question whether the petitioner has the right to control the manner and means by which the product is accomplished. Those factors along with other considerations are outlined in this memorandum.

pdf [Review the USCIS Memorandum on Employer-Employee Relationship For H-1B Visa Applications]

FAQs H-1B Visa Employer-Employee Relationship For Independent Contractor

January 13, 2010- The USCIS has issued answers to frequently asked questions about the employer-employee relationship for H-1B visa applications for self-sponsorships, independent contractors, self-petitions and third-party site workers.

In making that determination, officers are required to evaluate a set of factors that bear on the ultimate question whether the petitioner has the right to control the manner and means by which the product is accomplished. Those factors along with other considerations are outlined in this memorandum.

pdf [Review the FAQs on Employer-Employee Relationship For H-1B Visa Applications]

Court Orders DOL to Process Delayed PERM Petition On Emergency Basis

Posted January 14, 2010 - A U.S. district court in Atlanta, Georgia ordered the U.S. Department of Labor to process a PERM labor certification application (ETA 9089) that had been delayed and pending for 10 months. The petitioner in the case filed a PERM labor certification application with the Department of Labor. After 10 months of waiting with no decision issued, the petitioner filed suit in the U.S. district court to force the Department of Labor to process the PERM application on an expedited basis.

In the mandamus action seeking an emergency temporary restraining order, the petitioner argued that he would suffer irreparable injury if the PERM application is not adjudicated on an expedited basis. He argued that his son would soon turn 21 and age-out if the I-140 is not filed before he turned 21. However, an I-140 green card petition first requires that the underlying PERM ETA 9089 labor certification be approved by the Department of Labor.

The court agreed with the petitioner and required the Department of Labor to process the application within 2 days. The petitioner in that case was represented by another law firm.

pdf [Review the Court Order Requiring DOL to Process PERM Petition on an Emergency Basis]

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