YES!! According to the USCIS Neufeld Memo. Not heard of the Neufeld Memo? The Neufeld Memo was issued Jan.8 2010, by USCIS to all service centers as instructions for approving H-1Bs working at client sites. The new instructions don't change the law, but set new policies for enforcement. H-1B holders in IT consulting are especially panicking. Why? Because the memo specifically targets third party placements common to IT consulting. Third party placements no longer meet the requirements for approval unless specific proof is provided on the employee-employer relationship. That proof is often hard to get. [ Read the memo for yourself here ].

USCIS is closing job shops, which are defined as companies who place their consultants with other staffing companies instead of directly with end clients. Don't be caught in the blast zone. Denials have already flooded in for IT consultants. USCIS has also started turning H-1B holders who work through third parties away at the border/airport—sending people back home. Who knows if the next step is a knock on your front door from USCIS or USCIS shows up at your client site.

The following situations put your H-1B at Risk:
  • 1 or more layers between your employer and end-client
  • Your employer pays you intermittently
  • The petitioner on your Approval notice is not your employer
  • You are not offered medical benefits through your employer
  • Your vendor will not allow you to ask for an end-client letter
  • Your employer asks you to commit fraud
If you can check any one of these unfavorable conditions, your H-1B is in DANGER of Denial! Don’t get deported! VFI has an expert immigration team available to discuss your situation with you. We are building direct client relationships so our H-B holders are safe. Contact us at H1BAlert@vantageforce.com to discuss your level of risk. Someone will respond to your email within 24 hours.

VantageForce translates to lower risk for H-1B IT consultants. We are not a job shop. We do not ask consultants to perform illegal acts nor do we allow our clients to treat our employees in an unethical manner. At Vantage Force, consultants are treated with the respect deserving of highly-skilled professionals because our consultants are exactly that: professionals with expertise in a specific skill set who work toward the development and completion of special projects for our clients.

VantageForce is committed to providing consultants a best-in-class employment opportunity. We offer:
  1. Direct Client Placements – We have one of the best US staffed sales teams in the country and a defined program of how to open and work with direct clients.
  2. The Best Available in Medical and Dental Insurance for use in any city in the U.S.
  3. Better Pay On-Time All the Time—We pay whether the client pays us first or not
  4. Training is available in software upgrades
  5. Dedicated Visa and Immigration Support Team
  6. Green card sponsorship program
  7. American Leadership, Governance, and Transparency
  8. Equal Opportunity Employment
Plus our Immigration Specialist team is committed to LCA compliance and has expert experience overcoming 221g notices at consulates as difficult as Hyderabad, India. Our immigration team supports visa stamping, extensions, green card applications, and is available daily to answer your questions and concerns.