New H1B Memo (Neufeld Memo) was introduced on Jan 8, 2010.
Since, then there is lot of buzz among about the new memo and its impact on H1B visa application ( H-1B FY 2011) and going forward. Memo made practically impossible for consulting companies to apply for H1B Visa.
H1B Memo – Challenged
Immigration Attorneys are now challenging the new H-1B Memo (Neufeld Memo) along with AILA (American Immigration Lawyers Association). AILA is arguing that that the new policy is a violation of the Administrative Procedures Act, and urged that the memo be withdrawn immediately.
The Administrative Procedure Act (APA) (P.L. 79-404) is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review agency decisions. It is one of the most important pieces of United States administrative law. The Act became law in 1946.
Murthy.com is also sent letter to USCIS challenging the memo, stating that – 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.