Thursday, February 9th, 2017

H-1B Litigation Victory in Seattle: Abdur-Rahman v. Napolitano

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Devin Theriot-Orr writes: "Rashid Abdur-Rahman and his family are one of many who have been caught up in USCIS's change in policy regarding what constitutes an employer-employee relationship for purposes of H1B status. USCIS approved his H1B petitions for the same employer several times, and his employer filed a timely extension request in 2006. USCIS failed to take any action on the requested extension for over two years. During that time, Mr. Abdur-Rahman moved on to a new employer. USCIS then issued in 2008 a lengthily RFE to his old employer, requesting itineraries and end-client contracts for his work two years earlier in 2006. The employer responded and provided the documentation that was available, but indicated that, due to USCIS delays, many other documents were no longer available. USCIS denied the petitions, and as a result