ALERT: Multiple Reports of H-1B IT Consultants Being Turned Away At Border

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Over the past week there have been numerous reports of H-1B employees being turned away upon entry at airports in Newark, New Jersey and JFK in New York City.  Seemingly in response to the USCIS memo released earlier this week (Determining Employer-Employee Relationship for Adjudication of H-1B Petitioners, Including Third-Party Site Placements, Donald Neufeld, January 9, 2010), some H-1B employees that work for IT consultancy firms (employees that are hired by an IT consultancy firm and working at a third-party worksite) have reported being erroneously subject to expedited removal and forced to return to their home country.

Until we receive more details on the situation, we do not know if this is a new trend that we expect to see on a nationwide basis or if these were isolated events limited to these two ports of entry.  Therefore, until we know that this issue has been resolved, we recommend that all H-1B employees working for IT consultancy firms consult with your attorney prior to any international travel.

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