On June 8th, 2010 Few companies : Broadgate Inc., Logic Planet Inc., DVR Softek Inc., TechServ Alliance and the American Staffing Association sued USCIS on enforcing the new H1B rules/ guidelines that were published by USCIS in early January, 2010. The filed lawsuit in US District court in District of Columbia.
The immigration people from USCIS did not really comment on this yet. But, they have previously stated that at the Neufeld Memo outlining the guidelines for employer-employee relationship did not create any new rules, but just clarified the existing rules as a set of guidlines. As you may know that the reason for clarification was few court cases.
With recession and New H1B rules of 2011, the petitions for FY2011 quota have not been filed with the same pace as they used to be before. Just my guess is USCIS may not back off with their guidelines, because they have a valid point with data indicating the misuse of the H1B advanced skill visa program. It will be interesting to see the outcome of the case. If at all they take away the guidelines formally then we may see surge in the filing of H1B petitions. Lets keep our fingers crossed. Read the original news releases below in references :
- PR News Wire : TechServe Alliance Sues Feds; Challenges Policy Restricting IT Staffing Firms Access to H-1B Visa Program
- Lawsuit information of Case information filed at District of Columbia Court