The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
The New Aggressive Face of DHS - Verifying Petitions and Applications. H-1B Visa Site Visits and Investigations. Wage and Hour Investigations. Interrogations at the Port-of-Entry.
USDOL
FDNS
Wage and hour
H-1b public access file
postings of the LCA information
preparing for an Audit or Investigation by a government agency
I-9 form
h-1b visa petition
h-1b work visa in the U.S.
As Nachman Phulwani Zimovcak (NPZ) Law Group's Immigration and Nationality Lawyers continue to prepare H-1B nonimmigrant work visas for the 2018-2019 filing deadline on April 2nd, we take a short pause to look at the H-1B visa lottery from the "20,000 foot view".
We continue to see the impact of President Trump's "Buy American ... Hire American"(BAHA) and "Extreme Vetting" policies that continue to impact the business immigration law arena.
With the recent announcement about the NEW NVC (National Vetting Center), it appears to clearly be the case that immigration processes in the U.S. will continue slow to a crawl.
The American Immigration Lawyers Association (AILA) this past week released a report detailing Trump's purported mission to expand immigration enforcement powers and to quash the exercise of "prosecutorial discretion" in immigration cases.
AILA's report finds that U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) are not prioritizing criminal convictions or public safety threats for removal, contrary to prior claims. Rather, these immigration agencies are seeking to deport those they can easily identify. They have "all but eliminated discretionary authority".
INFOPASS appointments continue to be very difficult to obtain. Government officials are more and more difficult to reach. Greater obstacles have been established, for us, as immigration lawyers, to hurdle.
We are facing challenging times in the practice of immigration law in the US. We continue to remind our clients to be "patient and persistent".
Nevertheless, our immigration law staff continues to work hard to find "creative solutions" for immigration law problems. Please feel free to reach out for us at 201-670-0006 (x107) if we can be of assistance to you, your colleagues, your family members, or any members of your staff.
This presentation addresses the responsibilities for handling the proper termination of an H-1B employee by a U.S. employer so as to avoid potential liabilities from the U.S. Department of Labor, Wage and Hour Division.
Filing for the H1B visa under the Cap can be a real burdensome task. The slide gives only few tips on the filing process. We highly recommend having an experienced lawyer handle all your H1B cases whether under or outside the cap.
Florida Overtime Wage Exemptions - Most Commonly Used Exemptions (Part2)Richard Celler
Whether you are an employee or an employer it is in your best interest to have more than a passing understanding of the most commonly used overtime exemptions. Learn more about Florida overtime wage exemptions in this presentation.
HR and Employment Law Updates October 2013QA Law HR
Do you need to know recent changes in employment law? We gave the guests at our HR seminar a brief overview of changes affecting their business. These changes include Settlement Agreements, Employee Shareholder Agreements, CRB checks becoming DBS checks, changes to collective redundancies, and the latest figures of fees and rates.
On March 8th, 2013 The U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9. All employers are required to complete a Form I-9 for each employee hired in the United States.
Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.
Effective 03/08/13 employers:
Should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications.
May continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013.
Will have a 60-day grace period, until May 7, 2013 to comply by using the new form.
After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
Should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. Additionally, the employer must attest that it is offering, and will continue to offer, during the period of H-1B employment, the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment position in question; OR (2) the prevailing wage level for the occupational classification in the intended area of employment.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.
The New Aggressive Face of DHS - Verifying Petitions and Applications. H-1B Visa Site Visits and Investigations. Wage and Hour Investigations. Interrogations at the Port-of-Entry.
USDOL
FDNS
Wage and hour
H-1b public access file
postings of the LCA information
preparing for an Audit or Investigation by a government agency
I-9 form
h-1b visa petition
h-1b work visa in the U.S.
As Nachman Phulwani Zimovcak (NPZ) Law Group's Immigration and Nationality Lawyers continue to prepare H-1B nonimmigrant work visas for the 2018-2019 filing deadline on April 2nd, we take a short pause to look at the H-1B visa lottery from the "20,000 foot view".
We continue to see the impact of President Trump's "Buy American ... Hire American"(BAHA) and "Extreme Vetting" policies that continue to impact the business immigration law arena.
With the recent announcement about the NEW NVC (National Vetting Center), it appears to clearly be the case that immigration processes in the U.S. will continue slow to a crawl.
The American Immigration Lawyers Association (AILA) this past week released a report detailing Trump's purported mission to expand immigration enforcement powers and to quash the exercise of "prosecutorial discretion" in immigration cases.
AILA's report finds that U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) are not prioritizing criminal convictions or public safety threats for removal, contrary to prior claims. Rather, these immigration agencies are seeking to deport those they can easily identify. They have "all but eliminated discretionary authority".
INFOPASS appointments continue to be very difficult to obtain. Government officials are more and more difficult to reach. Greater obstacles have been established, for us, as immigration lawyers, to hurdle.
We are facing challenging times in the practice of immigration law in the US. We continue to remind our clients to be "patient and persistent".
Nevertheless, our immigration law staff continues to work hard to find "creative solutions" for immigration law problems. Please feel free to reach out for us at 201-670-0006 (x107) if we can be of assistance to you, your colleagues, your family members, or any members of your staff.
This presentation addresses the responsibilities for handling the proper termination of an H-1B employee by a U.S. employer so as to avoid potential liabilities from the U.S. Department of Labor, Wage and Hour Division.
Filing for the H1B visa under the Cap can be a real burdensome task. The slide gives only few tips on the filing process. We highly recommend having an experienced lawyer handle all your H1B cases whether under or outside the cap.
Florida Overtime Wage Exemptions - Most Commonly Used Exemptions (Part2)Richard Celler
Whether you are an employee or an employer it is in your best interest to have more than a passing understanding of the most commonly used overtime exemptions. Learn more about Florida overtime wage exemptions in this presentation.
HR and Employment Law Updates October 2013QA Law HR
Do you need to know recent changes in employment law? We gave the guests at our HR seminar a brief overview of changes affecting their business. These changes include Settlement Agreements, Employee Shareholder Agreements, CRB checks becoming DBS checks, changes to collective redundancies, and the latest figures of fees and rates.
On March 8th, 2013 The U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9. All employers are required to complete a Form I-9 for each employee hired in the United States.
Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.
Effective 03/08/13 employers:
Should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications.
May continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013.
Will have a 60-day grace period, until May 7, 2013 to comply by using the new form.
After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
Should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.
Similar to ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. Additionally, the employer must attest that it is offering, and will continue to offer, during the period of H-1B employment, the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment position in question; OR (2) the prevailing wage level for the occupational classification in the intended area of employment.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
What should employers or employees do if their H-1B visa is terminated. The presentation describes the obligations of employers and employees. Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. is an immigration law office with offices in NY, NJ and with Canadian immigration lawyers on the staff and with an affiliated office in India.
The first part begins with the discussion about “why LCA is silent on overtime compensation, OR, in the alternative, whether employers employing H-1B workers are required to pay overtime compensation” by providing a basic background about the H-1B visas and the Fair Labor Standards Act (FLSA) and its related regulations. Part II of the article explores the question of “why H-1B employees are usually treated as an “exempt employee” under the FLSA”. Finally, Part III will build on the Part II discussion and will also examine the situations involving H-1B employees working in occupation(s) that usually do not require an advanced specialized
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
Fakhoury Global Immigration highlights the proposed H-1B changes under the Trump Administration. Also, the presentation covers the recent updates for the H-1B CAP, STEM OPT program & L-1 Visa filing. For more information or an in-depth analysis on the content featured go to www.fakhouryglobal.com / info@fakbhouryglobal.com
Presentation on the H1B Visa and its requirements. This presentation details the procedure to apply for the visa and evaluates the costs for companies who want to apply for this visa for their employees.
The final version of the long-awaited U.S. Department of Homeland Security (DHS) regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” was recently promulgated and it is due to take effect on January 17, 2017.
The rule updates and amends current regulations and guidance concerning employment-based visa programs to better enable U.S. employers to sponsor and retain highly-skilled nonimmigrant workers and provide greater stability and job flexibility for those workers. The rule also clarifies several agency guidance memoranda, judicial determinations and procedures and seeks to provide consistency among agency adjudications.
H-1B ‘Right To Control’ RFEs: What to Expect and How to Answer Themmbashyam
Today, immigration practitioners and employers have needed to adapt to a myriad of changes in the H-1B professional worker program. It started a few years ago with stricter USCIS requirements on an H-1B employee’s itinerary if placed at an off-site work location. Then, in January 2010, the USCIS released the Neufeld Memo which redefined the employer-employee relationship, and made it harder for staffing firms to apply for H-1B visas.
This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success.
Every year at about this time, U.S. Employers approach the Immigration and Nationality Lawyers and Immigration Attorneys at the NPZ Law Group often asking us for the reasons why they should consider doing the H-1B visa. Here are the TOP TEN REASONS we give to them. David Letterman, eat your heart out . . .
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.
The issue of whether workers should be classified as employees or independent contractors for federal employment tax purposes has been a source of controversy for decades. The saga continues. This article summarizes a recent Tax Court decision on the classification of a manager in the home care industry.
Overview of USCIS FDNS site visit program for investigating potential visa fraud by employers. What to expect and how to prepare.
Similar to ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS. (20)
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1,
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions.
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes.
Government attorneys across the country are submitting requests to re-calendar previously administratively closed immigration cases. What does this mean for the immigration court system, and what does this mean for you?
First of all, what is administrative closure? Immigration Judges for decades have administratively closed, or indefinitely postponed cases in Immigration Court. Another form of administrative closure is also called
Let one of America’s premier Immigration and Naturalization Law Firms guide you through the EB-5 Investor VISA process. NPZ Law Group continues to maintain a solid reputation for being able to tackle difficult cases and has a very successful track record in the US for dealing with the EB-5 process. We continue to service EB-5 clients from start to finish.
Many H-1B visa holders could you find themselves facing deportation proceedings if their application for a visa extension or change of status have been rejected...
The Trump administration has empowered officials to outright reject visa applications under certain circumstances. This step
can be taken if the required ‘initial evidence’ wasn’t submitted or it failed to establish eligibility for the visa sought. The revised
policy will apply to all applications and requests received by the authorities from September 11 onwards.
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ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
1. ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT
H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID
POTENTIAL DOL COMPLIANCE PITFALLS.
By: Michael Phulwani, Esq., David H. Nachman, Esq. and Ludka Zimovcak, Esq.,
Immigration Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. -
VISASERVE(NJ,NY, Indiana, Canada,andIndia).
The H-1B visa program permits a United States employer (“employer”) to temporarily employ
nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act
(the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual
wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act,
an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must
receive permission from the Department of Labor (“DOL”) before the foreign national may obtain
an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application
of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act
requires an employer seeking permission to employ an H-1B worker to submit and receive an
approved Labor Condition Application (“LCA”) from the DOL.
The employer should be extremely cautious in making attestations on the LCA and complying with
the regulations governing it. Knowingly and willingly furnishing any false information in the
preparation of the LCA and any supporting documentation, OR even aiding, abetting, or counseling
another to do so is a federal offense, punishable by fine or imprisonment up to five (5) years or
both. Other penalties may also apply to the fraud or misuse of the LCA and to the perjury with
respect to the ETA 9035.
Where and When Should Employers Post Notice of the LCA?
The notice requirement of an LCA mandates that employers post notice of their intent to hire
nonimmigrant workers. An H-1B employer must provide noticei of the filing of an LCA. When
there is a collective bargaining representative for the occupation in which the H-1B worker will be
employed, the employer must provide such notice to that collective bargaining representative by
way of a copy of the LCA or other document which contains all the required information.
When there is no bargaining representative, the employer must provide such notice in one of the
two following manners. A hard copy notice of the filing of the LCA must be posted in two
conspicuous locations at each place of employment where any H-1B nonimmigrant will be
employed (whether such place of employment is owned or operated by the employer or by some
other person or entity). Alternatively, the electronic notice of the filing of the LCA may be posted
by providing electronic notification to employees in the occupational classification (including both
employees of the H-1B employer and employees of another person or entity which owns or operates
the place of employment) for which H-1B nonimmigrants are sought, at each place of employment
where any H-1B nonimmigrant will be employed. Further, the H-1B employer is required to post
notice on or within 30 days before the date the labor condition application is filed and should remain
posted for a total of 10 days.
2. In situations involving H-1B workers working at end-site users (third party placements), it is the
duty of an H-1B employers to post the notice of filing of the LCA at the secondary sites. Even if the
H-1B employer makes good faith attempt to post notice but the end-site user refuses to post notice
at its worksite, the H-1B employer will be found to have substantially and willfully violated the law.
The end-site users have no obligation under the Act to post the notice.
Additionally, the posting requirement mandates that employers note and retain the dates when, and
locations where, the notice was posted and to retain a copy of the posted notice.
Additional Obligations for H-1B Dependent Employers and Willful Violators.
An employer is considered H-1B-dependent if it has: 25 or fewer full-time equivalent employees
and at least eight (8) H-1B nonimmigrant workers; or 26 - 50 full-time equivalent employees and at
least 13 H-1B nonimmigrant workers; or 51 or more full-time equivalent employees of whom15
percent or more are H-1B nonimmigrant workers.
An employer whose dependency is not readily apparent or is on the borderline may use the “snap-
shot” test. The snap-shot test requires a comparison of the total number of all H-1B workers to the
number of the total workforce (including H-1B workers). If a small employer’s snap-shot calculation
shows that the employer is dependent, the employer must then fully calculate its dependency status.
If a large employer’s calculation exceeds 15 percent of its workforce, that employer must fully
calculate its dependency status.
The employer is a willful violator if the employer has been found at any time during the past five
(5) years preceding the date of the application (and after October 20, 1998) to have committed a
willful violationii or a misrepresentation of a material fact (two of the Labor Condition Application
(LCA) attestations). A willful violator employer must comply with additional attestations under any
LCA it files within five (5) years of the finding of a willful violation. The only exception is when an
LCA is filed for and used exclusively for exempt H-1B workers.
H-1B-dependent employers and/or willful violators must attest that they have not displaced a U.S.
workeriii at the time of filing an H-1B visa petition. Additionally, H-1B dependent employers and/or
willful violators are required to make displacement inquiries. Displacement inquiry is an obligation
of the H-1B dependent employers and/or willful violators when they desire to place an H-1Biv
nonimmigrant with another/secondary employer where there are indicia of an employment
relationship. Further, such employers must attest that they have taken good faith steps to recruit U.S.
workers, and that the employer offered the job to any equally or better qualified U.S. worker who
applied for the job for which the H-1B worker is sought.
An Employer’s Duty to Keep Records of Wages Paid to H-1B Employees.
The Act also provides that the LCA, filed by the employer with the DOL, must include a statement
to the effect that the employer is offering to an alien status as an H-1B nonimmigrant, that wages for
H-1B visa holders are at least equal to the actual wage level paid by the employer to all other
individuals with similar experience and qualifications for the specific employment in question, or
the prevailing wage level for the occupational classification in the area of employment, whichever
is higher, based on the best information available at the time of filing theapplication.
3. Decades back while addressing a claim brought under the Fair Labor Standards Act, the United
States Supreme Court in a landmark decisionv held that once an employee shows that he has
performed work and was not properly paid for it, and he produces sufficient evidence of the amount
and extent of work as a matter of just and reasonable inference, the burden shifts to the employer to
produce evidence of the precise amount of work that was performed or evidence to negate the
inference created by the employee’s evidence. The Court explained that it is the employer’s duty to
keep precise records and that such a burden should not fall on the employee and bar the employee
from recovery when such records cannot be produced.
Thus, acting on the sufficient evidence produced by the employee, if the Administrator of the Wage
and Hour Division (WHDvi) establishes that the employer has failed to properly compensate the H-
1B nonimmigrant worker then the employer bears the burden of establishing the existence of
circumstances that warrant the wages not being paid or benefits not being offered, by a
preponderance of the evidence. Failure to do so would result in the employer being held liable for
the payment of back wages and other financial remedies.
Back Pay Liability Not Subject to One-Year Statute of Limitation.
DOL accepts complaints by aggrieved persons or organizations or through its own initiated
investigation relating to misrepresentation or failure of the employer to meet the conditions stated in
the LCA. An aggrieved employee has 12 months after the latest date on which the alleged violations
were committed to file a complaint; however, this Statute of Limitations does not apply to an
employer’s back pay liability.
If the employer fails to pay an H-1B worker the “required wage,” it can be ordered to pay back pay
or make-up the deficiency. The regulations require the WHD Administrator to determine whether
an employer has the proper documentation to support its wage attestation. The Administrator may
contact the Employment and Training Administration (ETA)vii, a part of DOL, to get the prevailing
wage. The regulation is permissive, and the ETA’s determination is merely an option that the
Administrator can use in its investigation. If the employer fails to support, through proper
documentation, how it arrived at the prevailing wage level, the Administrator can use the
employer’s Letter of Support and I-129 Forms submitted to the United States and Citizenship
Servicesviii (USCIS) for the approval of H-1B petition in determining whether the employee was
appropriately classified at the specific wage level.
Civil Money Penalties for H-1B Violations and Debarment for Non-Compliance.
The WHD Administrator may assess Civil Money Penalties (CMPs) not to exceed $5,000 per
violation for a willful violation pertaining to wages. The Administrator may also assess a penalty
not to exceed $1,000 per violation for displacement of U.S. workers, a substantial violation
pertaining to notification, labor condition application specificity, recruitment of U.S. workers, or a
misrepresentation of any material fact on the LCA.
The regulations require the Administrator to consider seven factors for the assessment of CMPs:
(1) Previous history of violation, or violations, by the employer; (2) The number of workers affected
by the violation or violations; (3) The gravity of the violation or violations; (4) Efforts made by the
employer in good faith to comply with the provisions of the law and regulations; (5) The employer’s
explanation of the violation or violations; (6) The employer’s commitment to future compliance;
and (7) The extent to which the employer achieved a financial gain due to the violation, or the
4. potential financial loss, potential injury or adverse effect with respect to other parties.
Moreover, the regulations state that an employer that willfully fails to pay wages shall be debarred
for a period of at least 2 years. Further, a substantial failure to provide notice may result in a one
year debarment. Additionally, an H-1B dependent employer’s failure to make displacement inquiry
may result in one-year debarment. Last but not the least, an H-1B employer’s ignorance of the
INA’s requirements or contention that non-compliance was due to an attorney or an employee will
not excuse non-compliance.
The prospect for debarment for an H-1B employer is scary. Debarment is a very strong deterrent
from non-compliance since debarment strikes at the very heart of an H-1B employer’s livelihood.
H-1B employees are necessary to generate the income that allows “body shops” to exist.
i This notice must include: The number of H-1B nonimmigrants the employer is seeking to
employ; The occupational classifications in which the H-1B nonimmigrants will be employed;
The wages offered; The period of employment; The locations at which the H-1B nonimmigrants
will be employed; and The following statement: “Complaints alleging misrepresentation of
material facts in the labor condition application and/or failure to comply with the terms of the
labor condition application may be filed with any office of the Wage and Hour Division of the
United States Department of Labor.”
ii A finding of violation by the employer is entered in either of the following two types of
enforcement proceeding: A Department of Labor proceeding under the Immigration and
Nationality Act (INA) § 212(n)(2); (8 U.S.C. §
1182(n)(2)(C); OR A Department of Justice proceeding under INA § 212(n)(5); (8 U.S.C.§
1182(n)(5).)
iii during the period beginning 90 days before and extending to 90 days after the placement of the
H-1B worker.
iv excluding H-1B1 or E-3.
v Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946).
vi The WHD is an agency of DOL that enforces Federal minimum wage, overtime pay,
recordkeeping, and child labor requirements of the Fair Labor Standards Act.
vii The Employment and Training Administration (ETA) administers federal government job
training and worker dislocation programs, federal grants to states for public employment service
programs, and unemployment insurance benefits. These services are primarily provided through
state and local workforce development systems.
viii USCIS is an agency within the Department of Homeland Security that oversees lawful
immigration to the United States.