With changing government rules and requirements, winning an H-1B visa approval is still harder than ever. This webinar offers critical information that employers and their sponsored employees now need to prove their qualifications for an H-1B visa. Attend this tutorial to help you gather and present the proof necessary for the best chance of approval. Whether you are a sponsoring employer or sponsored employee, now is the time to learn the tips and tools to navigate the H-1B process smoothly.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session II - Avoiding Discrimination Claims
This document summarizes key information CEOs need to know about immigration strategies and government oversight. It outlines the roles of various government agencies that oversee immigration compliance. It also discusses employment verification rules, penalties for non-compliance, and strategies CEOs can implement like developing an immigration compliance plan and conducting self-audits to ensure a culture of compliance within their organization.
Selling to Foreign Investors: Immigration Rules Every Business Broker Needs t...Badmus & Associates
This document summarizes various visa options for foreign investors looking to do business in the United States, including non-immigrant and immigrant visas. It outlines the Treaty Investor (E-2) visa, which requires a substantial investment in and controlling stake of a real operating business. It also describes the L-1 visa for intracompany transfers, and EB-5 immigrant investor visa requiring a $1 million investment and job creation. Key eligibility requirements and investment levels are provided for each visa category. The document stresses consulting immigration attorneys to determine the best visa pathway based on an individual investor's situation.
This document provides an overview of a webinar on avoiding mistakes related to H-1B visa compliance. The webinar agenda covers 9 common H-1B application mistakes employers make, Labor Condition Application (LCA) compliance mistakes, how to properly document LCA compliance, and preparing for Department of Labor and Department of Homeland Security audits and investigations. The document also lists the presenters and provides information on government agencies that enforce H-1B regulations and potential penalties for noncompliance.
How to Avoid Losing Your J-1 Waiver if Your Contract is Prematurely TerminatedBadmus & Associates
Physicians with J-1 waivers whose employment is prematurely terminated due to their employer closing need to find a new qualifying job to maintain their immigration status. They must locate a position in an underserved area and have their new employer sponsor an H-1B petition. This requires being licensed in the new state and proving extenuating circumstances prevented continuing the original employment. With the proper steps, including consulting an immigration attorney, a J-1 waiver can be preserved even if the initial job ends early.
Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
Green Card Portability - 5 Questions to Ask Before Changing Jobs While Waitin...Badmus & Associates
Green card applicants often ask if they are able to change employment while waiting for final approval. The answer is yes, if you follow established portability rules. Generally, if your I-485 application has been pending for 180 days or more, you are eligible to change jobs and continue your green card application. However, portability rules have pitfalls you must avoid, or your green card application can denied.
In this article, learn the five key questions you need to get answered before making any change in employers.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session II - Avoiding Discrimination Claims
This document summarizes key information CEOs need to know about immigration strategies and government oversight. It outlines the roles of various government agencies that oversee immigration compliance. It also discusses employment verification rules, penalties for non-compliance, and strategies CEOs can implement like developing an immigration compliance plan and conducting self-audits to ensure a culture of compliance within their organization.
Selling to Foreign Investors: Immigration Rules Every Business Broker Needs t...Badmus & Associates
This document summarizes various visa options for foreign investors looking to do business in the United States, including non-immigrant and immigrant visas. It outlines the Treaty Investor (E-2) visa, which requires a substantial investment in and controlling stake of a real operating business. It also describes the L-1 visa for intracompany transfers, and EB-5 immigrant investor visa requiring a $1 million investment and job creation. Key eligibility requirements and investment levels are provided for each visa category. The document stresses consulting immigration attorneys to determine the best visa pathway based on an individual investor's situation.
This document provides an overview of a webinar on avoiding mistakes related to H-1B visa compliance. The webinar agenda covers 9 common H-1B application mistakes employers make, Labor Condition Application (LCA) compliance mistakes, how to properly document LCA compliance, and preparing for Department of Labor and Department of Homeland Security audits and investigations. The document also lists the presenters and provides information on government agencies that enforce H-1B regulations and potential penalties for noncompliance.
How to Avoid Losing Your J-1 Waiver if Your Contract is Prematurely TerminatedBadmus & Associates
Physicians with J-1 waivers whose employment is prematurely terminated due to their employer closing need to find a new qualifying job to maintain their immigration status. They must locate a position in an underserved area and have their new employer sponsor an H-1B petition. This requires being licensed in the new state and proving extenuating circumstances prevented continuing the original employment. With the proper steps, including consulting an immigration attorney, a J-1 waiver can be preserved even if the initial job ends early.
Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
Green Card Portability - 5 Questions to Ask Before Changing Jobs While Waitin...Badmus & Associates
Green card applicants often ask if they are able to change employment while waiting for final approval. The answer is yes, if you follow established portability rules. Generally, if your I-485 application has been pending for 180 days or more, you are eligible to change jobs and continue your green card application. However, portability rules have pitfalls you must avoid, or your green card application can denied.
In this article, learn the five key questions you need to get answered before making any change in employers.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Unlocking the Secrets to National Interest Waiver Green Cards!Badmus & Associates
Attorney Ann Badmus discusses National Interest Waiver (NIW) green card options for qualified applicants.
Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
Immigration attorney Ann Badmus discusses the basic H-1B visa requirements, how to register for the H-1B cap lottery, and more.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Learn how highly accomplished and high level professionals may apply for green cards through the EB-1 priority workers categories. Foreign nationals in any industry or occupation can qualify. We have helped doctors, dentists, artists, engineers, business owners, athletes, and many other international professionals win an EB-1 green cards. In most cases, EB-1 green cards are approved much faster than most other options.
Watch this webinar and get the details of these fast-track green card options including Extraordinary Ability, Outstanding Researcher/Professor, and Multinational Executives/Managers.
How to Avoid Costly H-1B Visa Compliance Mistakes in the Trump Era of Heighte...Badmus & Associates
The Trump administration has declared that "protecting American workers by combating fraud in our employment-based immigration programs is a priority."
As a result, the Department of Homeland Security, Department of Labor, and Department of Justice have announced plans to take a "more targeted approach" and aggressively audit H-1B employers and the work sites of H-1B employees.
Watch this webinar and find out how to protect your business and employees under the Trump enforcement policy.
Topics include:
✔What to expect from the Trump administration's newly announced H-1B policy of putting American workers first
✔How to avoid and address immigration discrimination claims by U.S. citizens and others
✔When employers are required to onboard and pay the new H-1B employee and the three steps you must undertake to effectively terminate employment of your H-1B workers.
✔How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
✔What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
✔How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
✔The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
✔How to prepare for and survive government audits of your H-1B visa compliance program.
New Immigration Rules Every Employer Needs to Know for 2017 and BeyondBadmus & Associates
" Don't get caught unaware - find out the immigration rule changes that could impact your visa employees and your business!
What you will learn on the Webinar
✔Under what conditions you can promote or relocate your employees during the green card process, without incurring additional costs for a new green card application
✔When and how your employees can change jobs during the green card process and your obligations if that happens
✔How more employers can avoid the H-1B visa numerical limitations (“cap”), qualify for cap-exemption, and hire more H-1B workers at any time of the year
✔The new H-1B visa rules affecting extensions, changing employers, terminating employment, licensing, protection for whistleblowers, and more
✔What employers need to do to qualify under the new STEM OPT rule for extending work authorization of your F-1 student visa interns and employees
✔Which employees qualify for the new employment authorization document (EAD) automatic extension rules and how to properly re-verify their employment eligibility on the I-9 form, and more!
Employers: What You Must Know to Safeguard Your Business From Costly H-1B Vis...Badmus & Associates
PDF version
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
What Employers Must Know to Safeguard Business From Costly H-1B Visa ViolationsBadmus & Associates
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
Discover the Missteps that Can Sabotage Your H-1B Visa Approval. In these slides and video, you will learn:
✔The critical facts that determine your eligibility for an H-1B visa and the information you MUST include in your application
✔Common problems that can occur after H-1B approval and how to prepare for and resolve them
✔Tips and tools you can use to manage your H-1B visa process smoothly
✔Important deadlines and timelines you need to know so you can avoid unnecessary delays
✔How to document your company's need for and ability to support the offered position
✔How to properly classify your position to meet Department of Labor wage requirements
✔Updates on the H-1B visa compliance requirements to help you manage your visa properly
✔And more....!
5 Major Mistakes Business Owners Make That Expose Them to Legal RisksBadmus & Associates
This document discusses 5 major legal risks that can expose businesses to liability. It begins by explaining how failing to properly maintain company records, reports, and governance can lead to legal and financial issues. Next, it describes how failing to use contracts to protect a company's interests can leave it unprotected. It then discusses how failing to proactively address workplace issues like policies in an employee handbook or misclassifying workers as contractors increases risks. Finally, it notes that lacking a comprehensive immigration compliance plan can result in violations and claims against a business.
HR Best Practices You Must Use to Avoid Immigration Discrimination ClaimsBadmus & Associates
The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates claims of immigration-related and citizenship discrimination in the Form I-9, Employment Eligibility Verification process. Claims, investigations, and penalties are on the rise in this area as employers, large and small, make often innocent mistakes in the dealing with I-9 and E-Verify issues. Watch this presentation for employer best practices to avoid liability.
This document discusses 6 alternatives to H-1B visas for foreign national professionals:
1) Hiring options for candidates with previous H-1B status who are cap-exempt or eligible for concurrent H-1B petitions.
2) Other temporary visa options like H-1B1, E-3, TN, E-2, H-3, J-1, L-1, and O-1 visas that have different eligibility requirements and maximum periods of stay.
3) Green card options like EB-1, EB-2, EB-3 PERM labor certifications and national interest waivers that provide a path to permanent residence but require sponsorships and can take 1.
This educational session is designed to take the mystery out of complex immigration rules and provide you with the basic knowledge to successfully place foreign national physicians.
Watch and get an in-depth overview of the most common H-1B visa alternatives and strategies that can help you place these physicians faster.
Here's a summary of what you can expect to learn:
You'll learn about other visa options to hire qualified medical providers now.
You'll learn how some employers can avoid the H-1B cap and get H-1B visas year-round through available exemptions (“cap exemptions”)
You’ll learn about a certain loophole in the H-1B cap – the concurrent H-1B – that can let private employers
You'll learn about green card options as a viable alternative to H-1B visas
Top 6 Alternatives to H-1B Visas for Foreign ProfessionalsBadmus & Associates
This webinar gives you an in-depth overview of the most common H-1B visa alternatives and strategies to obtain work authorization for your foreign born employees. Learn about E-2, L-1, O-1, TN and other visa options to hire qualified professionals now, extension of F-1 OPT EADs, H-1B cap exemptions, and green card options as alternative to H-1B visas
The document summarizes an executive action immigration workshop presented by Cowles & Thompson, P.C. It discusses proposed changes to employment-based green cards and work authorizations. It also outlines the requirements and benefits of Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA), including protection from deportation, work authorization, and eligibility for drivers licenses and Social Security numbers. The document stresses the importance of consulting an experienced immigration attorney for legal advice regarding any immigration application or criminal matters.
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Anny Serafina Love - Letter of Recommendation by Kellen Harkins, MS.AnnySerafinaLove
This letter, written by Kellen Harkins, Course Director at Full Sail University, commends Anny Love's exemplary performance in the Video Sharing Platforms class. It highlights her dedication, willingness to challenge herself, and exceptional skills in production, editing, and marketing across various video platforms like YouTube, TikTok, and Instagram.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Unlocking the Secrets to National Interest Waiver Green Cards!Badmus & Associates
Attorney Ann Badmus discusses National Interest Waiver (NIW) green card options for qualified applicants.
Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
Immigration attorney Ann Badmus discusses the basic H-1B visa requirements, how to register for the H-1B cap lottery, and more.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Learn how highly accomplished and high level professionals may apply for green cards through the EB-1 priority workers categories. Foreign nationals in any industry or occupation can qualify. We have helped doctors, dentists, artists, engineers, business owners, athletes, and many other international professionals win an EB-1 green cards. In most cases, EB-1 green cards are approved much faster than most other options.
Watch this webinar and get the details of these fast-track green card options including Extraordinary Ability, Outstanding Researcher/Professor, and Multinational Executives/Managers.
How to Avoid Costly H-1B Visa Compliance Mistakes in the Trump Era of Heighte...Badmus & Associates
The Trump administration has declared that "protecting American workers by combating fraud in our employment-based immigration programs is a priority."
As a result, the Department of Homeland Security, Department of Labor, and Department of Justice have announced plans to take a "more targeted approach" and aggressively audit H-1B employers and the work sites of H-1B employees.
Watch this webinar and find out how to protect your business and employees under the Trump enforcement policy.
Topics include:
✔What to expect from the Trump administration's newly announced H-1B policy of putting American workers first
✔How to avoid and address immigration discrimination claims by U.S. citizens and others
✔When employers are required to onboard and pay the new H-1B employee and the three steps you must undertake to effectively terminate employment of your H-1B workers.
✔How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
✔What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
✔How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
✔The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
✔How to prepare for and survive government audits of your H-1B visa compliance program.
New Immigration Rules Every Employer Needs to Know for 2017 and BeyondBadmus & Associates
" Don't get caught unaware - find out the immigration rule changes that could impact your visa employees and your business!
What you will learn on the Webinar
✔Under what conditions you can promote or relocate your employees during the green card process, without incurring additional costs for a new green card application
✔When and how your employees can change jobs during the green card process and your obligations if that happens
✔How more employers can avoid the H-1B visa numerical limitations (“cap”), qualify for cap-exemption, and hire more H-1B workers at any time of the year
✔The new H-1B visa rules affecting extensions, changing employers, terminating employment, licensing, protection for whistleblowers, and more
✔What employers need to do to qualify under the new STEM OPT rule for extending work authorization of your F-1 student visa interns and employees
✔Which employees qualify for the new employment authorization document (EAD) automatic extension rules and how to properly re-verify their employment eligibility on the I-9 form, and more!
Employers: What You Must Know to Safeguard Your Business From Costly H-1B Vis...Badmus & Associates
PDF version
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
What Employers Must Know to Safeguard Business From Costly H-1B Visa ViolationsBadmus & Associates
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
Discover the Missteps that Can Sabotage Your H-1B Visa Approval. In these slides and video, you will learn:
✔The critical facts that determine your eligibility for an H-1B visa and the information you MUST include in your application
✔Common problems that can occur after H-1B approval and how to prepare for and resolve them
✔Tips and tools you can use to manage your H-1B visa process smoothly
✔Important deadlines and timelines you need to know so you can avoid unnecessary delays
✔How to document your company's need for and ability to support the offered position
✔How to properly classify your position to meet Department of Labor wage requirements
✔Updates on the H-1B visa compliance requirements to help you manage your visa properly
✔And more....!
5 Major Mistakes Business Owners Make That Expose Them to Legal RisksBadmus & Associates
This document discusses 5 major legal risks that can expose businesses to liability. It begins by explaining how failing to properly maintain company records, reports, and governance can lead to legal and financial issues. Next, it describes how failing to use contracts to protect a company's interests can leave it unprotected. It then discusses how failing to proactively address workplace issues like policies in an employee handbook or misclassifying workers as contractors increases risks. Finally, it notes that lacking a comprehensive immigration compliance plan can result in violations and claims against a business.
HR Best Practices You Must Use to Avoid Immigration Discrimination ClaimsBadmus & Associates
The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates claims of immigration-related and citizenship discrimination in the Form I-9, Employment Eligibility Verification process. Claims, investigations, and penalties are on the rise in this area as employers, large and small, make often innocent mistakes in the dealing with I-9 and E-Verify issues. Watch this presentation for employer best practices to avoid liability.
This document discusses 6 alternatives to H-1B visas for foreign national professionals:
1) Hiring options for candidates with previous H-1B status who are cap-exempt or eligible for concurrent H-1B petitions.
2) Other temporary visa options like H-1B1, E-3, TN, E-2, H-3, J-1, L-1, and O-1 visas that have different eligibility requirements and maximum periods of stay.
3) Green card options like EB-1, EB-2, EB-3 PERM labor certifications and national interest waivers that provide a path to permanent residence but require sponsorships and can take 1.
This educational session is designed to take the mystery out of complex immigration rules and provide you with the basic knowledge to successfully place foreign national physicians.
Watch and get an in-depth overview of the most common H-1B visa alternatives and strategies that can help you place these physicians faster.
Here's a summary of what you can expect to learn:
You'll learn about other visa options to hire qualified medical providers now.
You'll learn how some employers can avoid the H-1B cap and get H-1B visas year-round through available exemptions (“cap exemptions”)
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3. • Ask Questions Anytime
?
• Use your Q&A pane at the bottom
of your screen to type and send
? your questions.
• Questions will be answered
during the presentation and
? during the Q & A session.
6. H-1B Nonimmigrant
Visas
A nonimmigrant (temporary) visa that
allows a non-citizen to be employed
in the United States for up to 6 years
in a “specialty occupation” for a
specific petitioning employer.
7. What is a Specialty Occupation?
An occupation that requires
highly skilled specialized
knowledge and
A bachelor’s or higher degree (or
its equivalent) in the specific
specialty as a minimum for entry
into the occupation
8.
9. Employee Qualifications
Have completed a U.S. bachelor’s or
higher degree (or its foreign equivalent)
or
Have education, training, or experience
in the specialty equivalent to the
completion of such degree (3:1 rule)
and
Possess full state licensure if required
to practice in the state of employment
10. H-1B Numerical
Limitations
Quota of 65,000 new H-1B visas per fiscal
year (except Free Trade Act (FTA) nationals)
20,000 per fiscal year for persons who hold
US Master’s degrees or higher
Applies to first-time H-1B or previously cap-
exempt H-1B employees
11. Fiscal Year H1B Cap Reached Date
2004 October 1, 2003
2005 October 1, 2004
2006 August 10, 2005
2007 May 26, 2006
2008 April 3, 2007
2009 April 7, 2008
2010 December 21, 2009
2011 January 26, 2011
2012 November 22, 2011
2013 June 11, 2012
12. H-1B Cap Exemption
Employers Employment Physicians
• Universities/Colleges • For profit employment • Physicians who
• Non-profit affiliates of at universities or their received government-
universities/colleges non-profit affiliated sponsored J-1
• Government or non- facilities waivers of two year
profit research home residency
facilities requirement
15. Proof of Specialty Occupation
Detailed Job Description
Daily duties and percentages
of time spent on duties
Similar positions in the
industry or in your business
16. Proof of Specialty Occupation
Organizational chart with job
descriptions of other positions
Expert opinions and reports
Professional associations
17. Proof of Employee Qualifications
Diplomas and Degrees
Employment Experience Letters
Credential Evaluation or Expert Opinion
Professional License, if applicable
19. H-1B for the Self-Employed
Employer-Employee Relationship
Company Structure –
Corporation/LLC
Board of Directors - hire, fire, or
otherwise control owner
Specialty occupation applies
20. Proving Valid Job Offer and
Position
Federal Tax
Returns
Unemployment
Tax Reports
Organizational
Charts
Payroll Records
Company History
21. Proving H-1B Cap-Exemption
Non-Profit &
Third-Party
Higher Ed Affiliated
Employment
w/Higher Ed
Agreement with
501(c)(3)
Public or Non- Higher Ed or
exemption
profit Non-Profit
letter
Affiliate Org
Associate Agreement with Supporting
degree or Higher Ed, e.g. Letter from
higher Clinical Training Exempt Facility
Supporting Educational or
Proof of
letter from non-profit
Accreditation
Higher Ed purpose
22. Proving H-1B Cap-Exemption
As of March 2011, USCIS will defer to previous determinations
of cap exemption if employer provides:
A copy of the previously approved cap-exempt petition
(relevant pages of the Form I-129 and pertinent supplements);
A copy of the Form I-797 approval notice (issued after June
6, 2006) for the affiliation-based cap exempt petition; or
Documentation previously submitted with a petition in support
of the claimed cap exemption.
25. USCIS Compliance
Review
Unannounced
Random
Employer Site
Selection
Visit
Email Internet
Demands for Discussion
Documents Boards
26. Preparing for a USCIS Site Visit Take these steps
immediately after
the approval of your
Step 1 Step 2 H-1B petition to
• Review the H-1B • Prepare prepare for a
petition compliance
evidence file for surprise site visit
inspector from the USCIS.
Step 3 Step 4
• Identify company • Establish site visit
representatives procedures for
who will meet with reception, clients, a
auditors nd H-1B employee
27. Negative Information
Review Revocation
Previously of
Denial of Approved Previously
Pending Petition Approved
Petition • Additional Petition
Proof • Criminal
• Further Penalties
Inspection • Civil Fines
28. Questions? Comments?
Badmus Law Firm, PLLC
11325 Pegasus Street
Suite S-215
Dallas, Texas 75238
469-916-7900 Telephone
469-916-7901 Facsimile
immigration@badmuslaw.com
www.badmuslaw.com
29. Legal Notice
• Facts of individual situations differ.
• The information provided here is
general in nature and should not be
relied upon for specific situations.
• Consult with an experienced immigration
attorney to ensure compliance
30. You are invited to contact us for
your immigration matters
Badmus Law Firm, PLLC
11325 Pegasus Street, Suite S-
215
Dallas, Texas 75238
469-916-7900 Telephone
469-916-7901 Facsimile
immigration@badmuslaw.com
www.badmuslaw.com
Editor's Notes
Hello everyone and welcome to our webinar, H-1B Visas- Proving Your Case in 2013. I’m Ann Massey Badmus with Badmus Law Firm, and I’d like to thank you all for taking the time to attend this presentation, which is intended to give you useful information and tips to help you put together the H-1B puzzle to successfully apply for H-1B visas. Because an employer is the primary applicant for an H-1B visa, we will provide information for the employer’s perspective based upon the trends we are seeing as the government processes and decides H-1B applications.
Thank you, Ms. Lopez. Now I’m going to address some of the key problem areas that can arise for some applications. Before I do that, it think it’s important for you to know that the officers who decide immigration applications often have wide latitude to “interpret” immigration rules; and oftentimes, those interpretations are incorrect or extend beyond what the rules really say. That’s one of the reasons we see inconsistencies and changes in the process, where nearly identical applications can be approved and denied depending upon the officer who reviews it. In our opinion, there is little accountability within the government for officers who make errors in their decision-making. But that’s the world we live in and so we are here to inform you of the issues we are seeing and how to address them.
The five key issues we are seeing….
Specialty occupation – bachelor’s degree or higher in a specific fieldGenerally, it’s easy to prove physicians, teachers, engineers, and lawyers are specialty occupations – that’s actually defined and written in the law. However, any other occupation is open to government interpretation, even those occupations that have been approved as specialty occupations in the past. Occupations are evolving but the government is not always keeping up so you must educate them…Government scrutinizes Particular occupations – business occupations – marketing, financial, administrative positions, IT Occupational Outlook Handbook – not final sourceAlso, smaller businesses are examined more closely – assumption that small businesses don’t need highly qualified people, e.g. rather than accountant, you can use a bookkeeper – audacity to substitute it’s judgment for the business owners
Relationship between specialty occupation and other positions – supervisory, who handles other company functions, etc.Services that can provide expert opinions – USCIS does not always defer and can criticize but for occupations that are borderline, it might be worthwhile to pay Professional associations or societies – publications that talk about minimal requirements for entry into the field
Establishing the position is half the job – need to show the employee is qualified for the positionsRequire B.S. in accounting or business, then employee needs to have that qualification – Copy of degree, transcript if the degree is not clear as to the field or you need to point to relevant coursework that applies to your positionEmployment experience letters – important if employee does not have degree but can qualify based upon experience – e.g. 3 to 1 rules – associates degree or all experience - engineerCredential evaluation – if no U.S. degree, get this first before starting processIf foreign BS or US master in the field, then no credential evaluation necessary…however if undergraduate foreign is the qualifying degree, then need evaluations; Expert opinion from university to equate experience to degreeLicense – doctors, CPAs, teachers, must be licensed in the state of employment before applying for H-1B – check licensing time and requirements immediately
Thorn in the side of many employers – can apply to any employer but really an issue with off-site employment, where the employee where work at a facility not controlled by the sponsoring employer. For example, IT workers, hospitalist physicians, government contract engineers, any time employee will work elsewhere – then must show sponsor is the true employer that has right to control, hire, fire, the employee.Prepared to provide this information for the initial application AND any renewalsPay records – renewals, student to H-1B, etc.
Thorn in the side of many employers – can apply to any employer but really an issue with off-site employment, where the employee where work at a facility not controlled by the sponsoring employer. For example, IT workers, hospitalist physicians, government contract engineers, any time employee will work elsewhere – then must show sponsor is the true employer that has right to control, hire, fire, the employee.Prepared to provide this information for the initial application AND any renewalsPay records – renewals, student to H-1B, etc.
Small companies less than 50, perhaps 100Position is specialtyNo authority for this – in fact, case law says the government cannot determine whether position is specialty based upon size nor can it ask for ability to pay salary so getaround is whether employer has valid job offer or sufficient structure to support the physicians (newer)Basically small employer may have to open their files to show such documents – some examples.Organizational charts – detailedCompany history, location (even photos), leases
Last issue – particular for physicians, researchers – trying to get exempt position to avoid competition for H-1B visas and start any time during the year, rather than October 1Higher Ed- easiest but need to be sure qualifies under department of education rules – for-profit post secondary schools or tech schools that offer two year training might not qualifyNon-profit affiliates – most common, eg. Hospital with teaching program,Look for all affiliations – may have several, make sure currentThird-party – employment at hospitalist group – 51% (majority) of time at higher ed or non-profit affiliate
Because of great inconsistency in interpretation of cap-exemption (example – 4 application) and complaints….March 2011 – interim measure (still waiting for final clear cut rule) – if previously exempted, then honor prevous determination and continue to be cap-exempt unless significant change occurred since previous case – e.g.Non-profit to for- profitAffiliations terminatedCap –exempt – review all previous H-1B petitions to determine whether cap exempt due to non-profit, not J-1 waiverGet Copy of at least one – provide updated affiliation agreement or letter confirming continued affiliation
Successful – continuing proof – international travel getting visa and USCIS compliance verification process
Employee wants to travel or needs to travel Employee coming from outside U.S.Must get visa, except for short term travel to Canada or Mexico, from home country (sometimes Canada or Mexico)Embassies can try to re-visit employee/employee relationship – require company tax returns, lists of employees, state unemployment reports, Delay Administrative processing – months – particularly science/technology/nationals of certain countries like middle east, pakistan, egyptNot much to do but wait – need to prepare businessPetition returns to USCIS – explain, could take yearsUpshot - avoid international travel if possible
Office of Fraud Detection and National Security – FDNS – purpose to verify H-1B compliance – employee/employer relationship, working at specified location, pay rates, etc.Random but high probabilty
Email slides and slide presentation recordingThank you again, have a great afternoone