NSC Willing to Review H1B Denials on Extensions
Posted Jan 19, 2000

There have been an increasing number of INS denials when a Company files an H1B extension for an existing H1B employee performing the same job duties as before. This has caused considerable alarm to all parties concerned. NSC has agreed to follow guidelines established to ensure approvals in routine H1B extension cases.

By way of background, the INS Headquarters had issued a Memorandum as far back as January 1989, referred to as the Puleo Memorandum on this topic. This Puleo Memorandum reiterated the long-standing INS policy that issuing a Request for Evidence (RFE) in a routine H1B extension is tantamount to a waste of INS resources, and should be avoided except in cases of fraud or gross error. The Puleo Memo clarified that evidence of fraud could not include mere INS suspicions, which appear to be commonplace, and "gross error" could not include mere disagreement, but had to be clear error such as issuing an H1B approval beyond the maximum 6 years allowable under the law and regulations.

NSC agreed to comply with the directives of the INS Headquarters including the Puleo Memo. However, NSC has asked for case samples of RFEs which could be considered in violation of INS directives. Those who believe that they may be able to benefit from a review of their H1B extension, which may have been denied incorrectly by the INS, should submit their case to their attorney for submission to the AILA Liaison to NSC. If the Company does not have an attorney and desires to use the services of The Law Office of Sheela Murthy, please call or email us at law@murthy.com for assistance in resolving the matter.

NSC also agreed to endeavor to establish clear guidance for its decisions, to further the agency's goal of consistency and clarity with respect to its administration of immigration laws and regulations, in an effort to better serve employers, employees and the public in general.