Addressing Ever-Increasing RFEs and Denial Rates of H-1B Petitions
While USCIS has long asked H-1B petitioners to provide information about third-party assignments, new guidelines now require them and even their clients to also disclose detailed information about vendor and end-client relationships when petitioning for employees who will be placed at third-party sites. These guidelines also require petitioners to provide detailed evidence covering the work to be performed by the H-1B employee during the entire period of employment. In addition, a recent Department of Labor memo provides insight into how the agency interprets electronic notice requirements for H-1B workers at third-party sites, resulting in additional obligations for H-1B petitioners utilizing the "external website" electronic posting option. All of this now gives USCIS the ability to scrutinize the relationships among petitioners, subcontractors and end-clients even more closely than before. Panelists in this session will examine the burdensome requirements outlined by the USCIS; discuss how to navigate the ever-rising rates of H-1B RFEs and denials of petitions involving third-party placements; provide strategies to increase the likelihood of obtaining approvals for such cases, and discuss best practices for client companies on whose premises these IT workers will be placed, including strategies for responding to the requests to provide documentary support for such petitions.
Scott FitzGerald
Scott J. FitzGerald is the Managing Partner of the Boston, Massachusetts office of Fragomen, Del Rey, Bernsen & Loewy LLP, and a Managing Director of Fragomen Immigration Services India Pvt., Ltd. Mr. FitzGerald has previously served as the Managing Partner of the firm's Washington D.C. and Vienna, Virginia offices, as well as an Associate in the firm's New York office. He is admitted to practice law in Massachusetts, New York, Connecticut and Washington D.C., and is a member of the Labor Relations Committee of the United States Chamber of Commerce, and the U.S. India Business Council. He is also a member of the American Bar Association, the Federal Bar Association, the Association of the Bar of the City of New York, and the American Immigration Lawyers Association. Mr. FitzGerald also serves on the Board of the Council for Emerging National Security Affairs (CENSA). Mr. FitzGerald lectures and writes frequently on business immigration issues, and is an Adjunct Professor of Immigration Law at Boston College Law School. He is a graduate of the Johns Hopkins University (B.A., International Studies) and Fordham University School of Law (J.D.).
Tina Peloquin
Tina is a Partner at Fragomen’s New York office. She joined Fragomen in 2000 and currently manages a team that services a leading multinational technology consulting corporation. Her experience includes all aspects of immigrant and nonimmigrant visa strategy and preparation, with a focus on corporate compliance. She has experience representing clients from a variety of industries, including finance, health care and athletics.
Tina earned her Juris Doctor from George Washington University School of Law and her Bachelor of Arts, cum laude, from Lehigh University.
Ryan Smith
Ryan is the US Immigration Operations and Strategy Manager for IBM Corporation, operating within the HR Global Mobility Organization. Ryan leads a global team responsible for the delivery of H-1B, L-1, TN, E-3, O-1, J-1, and Permanent Residency programs for all IBM US inbound immigration. Ryan is responsible for partnering with HR Talent Acquisition, Legal, Government Affairs, and Global Mobility.
Ryan joined IBM in 2013 working in US Immigration Operations. Ryan focuses on technology, data, and monitoring trends to navigate a dynamic United States immigration environment. Ryan is also dedicated to the personal aspect of supporting employees' personal lives and concerns through delivering quality immigration support. Recently, Ryan has held numerous speaking engagements within IBM in the United States to guide and inform senior leadership on recent changes and how the US Immigration Operation within IBM is adjusting to ensure continued success.
Michele D. Frangella
Based in Boston, Michele is the North America Immigration Lead for Publicis Groupe, the world’s third largest communications group operating in over 100 countries with a mobile workforce of over 80,000 people. She is responsible for developing and executing immigration compliance and case strategy for North America, overseeing the delivery of immigration case management services for the U.S. and Canada and for driving the immigration program expansion throughout Latin America. Michele’s subject matter expertise is relied upon to evolve and scale the company’s immigration program to meet the challenges of a complex immigration environment.
In addition to Michele’s experience leading the North America Immigration Team, she was a U.S. immigration attorney whose wide-ranging experience includes working for international law firms, the Department of Justice and a nonprofit migration agency.