I participated the recent teleconference hosted by the USCIS on the subject of their recent memo about H1b employer-employee relationships. At the outset, I want to acknowledge that they didn't have to host this conference. They did so because they have received so many complaints from the public. That they did host it shows that they are interested in learning more about the concerns held by the public. Unfortunately, this type of teleconference is not a legal or acceptable substitute for the legally required public notice and comment require for all new rules.

I don't think that they were prepared for the buzz saw that they encountered. The very first person to comment was former Congressman Bruce Morrison, co-author of the 1990 immigration act (the legislation that created the H1b category). He made it very clear that their interpretation in no way reflects the Congressional intent behind the current formulation of the H1b statute that he wrote. Things rapidly went downhill from there.

When my turn came, I asked if anyone had actually read the legal authorities they cited in their memo. I pointed out that both the DOL and the Supreme Court cited the EEOC Compliance Manual as the best authority on the subject of employer-employee relationships and that document reached the exact opposition conclusion. I had hoped to hear them at least attempt to justify their position, but all I heard was silence.