Murthy Law Firm Challenges Memo in Letter to USCIS
Posted 05.Mar.2010; updated 19.Mar.2010
©MurthyDotCom
The Murthy Law Firm is sending a letter to the USCIS, challenging the January 8, 2010 USCIS memorandum entitled, Determining Employer-Employee Relationship for Adjudication of H1B Petitions, Including Third-Party Site Placements. Our letter sets forth key and fundamental flaws in the memo, and requests its withdrawal.
©MurthyDotCom
Immediately after its publication, we designated a team of attorneys to assess the legal issues created by this controversial memo. The memo purports to clarify the regulation defining the term “United States employer” for H1B purposes. Based upon our assessment, we have concluded that the memo is contrary to current regulations and precedent decisions. We also are of the opinion that the memo, while claiming to merely interpret, amounts to a substantive change in the regulations. This type of change cannot be accomplished by memo. Thus, the memo violates the Administrative Procedures Act (APA) requirements for a notice and comment period prior to any such change. We will continue to advocate for the termination of the memo.

Updated:

Synopsis of Murthy’s Challenge on USCIS Employer-Employee Memo  Posted Mar 19, 2010