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.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. Because of the surge of petitions that were filed, USCIS conducted a lottery to determine which petitions received during the five-day submission period will actually be considered. USCIS has already started sending receipt notices for the petitions selected in the random selection process.
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.
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 local prevailing wage, in order to protect U.S. workers and their wages.
Fill Out Your Paycheck Protection Program Loan Application. Provided by Business Developer App. We also have provided the instructions and overview of the loan on our account. Please take a look at our list of banks accepting PPP loans. https:
Piece of Cake: Perfecting the Recipe for ACA Compliancebenefitexpress
Repeal and replace efforts have come and gone - it's time to prepare to comply with the Affordable Care Act for another year.
With chatter and speculation surrounding the ACA, it's easy to lose track of what's required of employers. Our one-hour refresher course covers:
- How to fill out form 1095-C
- Important filing dates
- Common compliance errors
- Penalties for noncompliance
Make this year’s ACA reporting a piece of cake.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. Because of the surge of petitions that were filed, USCIS conducted a lottery to determine which petitions received during the five-day submission period will actually be considered. USCIS has already started sending receipt notices for the petitions selected in the random selection process.
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.
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 local prevailing wage, in order to protect U.S. workers and their wages.
Fill Out Your Paycheck Protection Program Loan Application. Provided by Business Developer App. We also have provided the instructions and overview of the loan on our account. Please take a look at our list of banks accepting PPP loans. https:
Piece of Cake: Perfecting the Recipe for ACA Compliancebenefitexpress
Repeal and replace efforts have come and gone - it's time to prepare to comply with the Affordable Care Act for another year.
With chatter and speculation surrounding the ACA, it's easy to lose track of what's required of employers. Our one-hour refresher course covers:
- How to fill out form 1095-C
- Important filing dates
- Common compliance errors
- Penalties for noncompliance
Make this year’s ACA reporting a piece of cake.
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.
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!
In this issue of Benefit Beat: AGENCIES RELEASE 2013 FORM 5500: FORM M-1 FILERS NOW REQUIRED TO FILE FORM 5500; SAN FRANCISCO’S HCSO: MORE FAQS ON HRAS AND 2014 RESOURCES; MORE LOCAL GOVERNMENTS ENACTING LEAVE LAWS; SOCIAL SECURITY AND MEDICARE TAX REFUNDS FOR SAME-SEX MARRIAGE COUPLES; CONTRIBUTIONS TO SAFE HARBOR 401(K) PLANS
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.
Last year, at about this time, the USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 which began on October 1st, 2014. The H-1B lottery (also referred as “random selection process “) is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.
With uncertainty looming large as to who may or may not “win the lottery” or who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not “win the H-1B lottery” this fiscal year and who do not get counted toward the 2016 Fiscal Year H-1B cap.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will now use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
On April 12, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2018-2019. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
Many foreign nationals holding an F-1 nonimmigrant status in the United States, especially those who are engaged in Optional Practical Training (OPT), often intend to change their nonimmigrant status to become a professional specialty workers (H-1B workers). Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 annual cap. There are an additional 20,000 H-1B visas which are reserved specifically for foreign nationals who receive a master’s degree (or a higher degree) from a United States college or university.
Immigration practitioners, F-1 students, and prospective H-1B employers should note that not every master’s degree from a United States college or university qualifies a foreign national for the additional 20,000 H-1B visas under the H-1B “master’s cap”. For an individual to qualify under the master’s cap, a few criteria need to be met.
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. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap. There are an additional 20,000 H-1B visas, which are limited to individuals who receive a master’s degrees (or higher degree) from a United States College or University.
Many F-1 visa holders, particularly those who are engaged in OPT, often change their immigration status to become professional 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. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap . There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master’s degrees (or higher degree) from a United States college or university .
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.
Many F-1 visa holders, particularly those who are engaged in Optional Practical Training (OPT), often change their nonimmigrant immigration status to become professional 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. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap . There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master’s degree (or higher degree) from a United States college or university .
Running head ERISA AND EEOC1ERISA AND EEOC6.docxtodd271
Running head: ERISA AND EEOC 1
ERISA AND EEOC 6
Comparing and Contrasting ERISA and EEOC
Keri King
Module 5
Comparing and Contrasting ERISA and EEOC
Employee Retirement Income Security Act (ERISA) protects Americans’ retirement assets through the implementation of procedures that qualified plans must adhere to. In the context, the intention is ensuring that fiduciaries do not misuse plan assets. Moreover, it formulates minimum standards for participation, vesting, benefit accrual, and funding of retirement plans. In this case, participants in the retirement plan are entitled to sue either for benefits or breaches of fiduciary duty.
The Equal Employment Opportunity Commission, on the other hand, enforces federal laws regarding discrimination or harassment of job applicants or other employees in the United States of America. In the context, it investigates discrimination charges that are leveled against employers, companies being subject to the law if they have at least 15 employees. Unlike ERISA, EEOC highlights acceptable practices that employers should engage in as well as those that should be shunned. As an illustration, it provides that an employer should not publish a job advertisement that exhibits some preference for a group of people based on sex, color, age, and the like.
Although some similarities exist between ERISA and EEOC, it is worth noting that the functionality and provisions therein involve a great deal of differences. In my view, the appropriate methodology for the presentation of the differences would be the discussion of individual provisions of both ERISA and EEOC.
ERISA cover involves a myriad of benefits, one of which is medical, surgical, or hospital care. Under it, a participant who is admitted to medical facilities either for basic medical care or comprehensive check-up enjoys ERISA cover. The other benefit is that of sickness, accident, disability, or death. The implication in the case is that a participant who is admitted to the hospital enjoys full medical cover. Moreover, a beneficiary who suffers an accident and sustains an injury of whichever magnitude would receive some benefits to enable them to push on with a decent life. In case of death, however, the participant’s beneficiaries receive compensation for the avoidance of interruption of their lives due to the loss of the breadwinner. The cover also entails unemployment benefits for the extension of a stipend on a regular basis during the period of loss of employment (Anderson, 2015). In this case, the stipend may be extended on a monthly basis to enable the participant to cater to the needs of his family members. The cover also entails vacation benefits, whereby the participants who are on leave continue to enjoy the compensation benefits they would have if they were working. The benefits therein encourage participants to proceed on vacation, where they gain the opportunity to refresh and plan for future endeavors. Notably, the .
H-1B cap exempt employers: Find out who can file h-1b petitions all year-round.
If you think that your organization or your potential employee qualifies for H-1B cap exemption, our experienced attorneys make sure that you qualify.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H-1B Cap, or need help in filing the H-1B Cap Exempt petitions.
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.
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!
In this issue of Benefit Beat: AGENCIES RELEASE 2013 FORM 5500: FORM M-1 FILERS NOW REQUIRED TO FILE FORM 5500; SAN FRANCISCO’S HCSO: MORE FAQS ON HRAS AND 2014 RESOURCES; MORE LOCAL GOVERNMENTS ENACTING LEAVE LAWS; SOCIAL SECURITY AND MEDICARE TAX REFUNDS FOR SAME-SEX MARRIAGE COUPLES; CONTRIBUTIONS TO SAFE HARBOR 401(K) PLANS
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.
Last year, at about this time, the USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 which began on October 1st, 2014. The H-1B lottery (also referred as “random selection process “) is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.
With uncertainty looming large as to who may or may not “win the lottery” or who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not “win the H-1B lottery” this fiscal year and who do not get counted toward the 2016 Fiscal Year H-1B cap.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will now use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
On April 12, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2018-2019. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
Many foreign nationals holding an F-1 nonimmigrant status in the United States, especially those who are engaged in Optional Practical Training (OPT), often intend to change their nonimmigrant status to become a professional specialty workers (H-1B workers). Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 annual cap. There are an additional 20,000 H-1B visas which are reserved specifically for foreign nationals who receive a master’s degree (or a higher degree) from a United States college or university.
Immigration practitioners, F-1 students, and prospective H-1B employers should note that not every master’s degree from a United States college or university qualifies a foreign national for the additional 20,000 H-1B visas under the H-1B “master’s cap”. For an individual to qualify under the master’s cap, a few criteria need to be met.
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. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap. There are an additional 20,000 H-1B visas, which are limited to individuals who receive a master’s degrees (or higher degree) from a United States College or University.
Many F-1 visa holders, particularly those who are engaged in OPT, often change their immigration status to become professional 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. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap . There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master’s degrees (or higher degree) from a United States college or university .
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.
Many F-1 visa holders, particularly those who are engaged in Optional Practical Training (OPT), often change their nonimmigrant immigration status to become professional 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. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap . There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master’s degree (or higher degree) from a United States college or university .
Running head ERISA AND EEOC1ERISA AND EEOC6.docxtodd271
Running head: ERISA AND EEOC 1
ERISA AND EEOC 6
Comparing and Contrasting ERISA and EEOC
Keri King
Module 5
Comparing and Contrasting ERISA and EEOC
Employee Retirement Income Security Act (ERISA) protects Americans’ retirement assets through the implementation of procedures that qualified plans must adhere to. In the context, the intention is ensuring that fiduciaries do not misuse plan assets. Moreover, it formulates minimum standards for participation, vesting, benefit accrual, and funding of retirement plans. In this case, participants in the retirement plan are entitled to sue either for benefits or breaches of fiduciary duty.
The Equal Employment Opportunity Commission, on the other hand, enforces federal laws regarding discrimination or harassment of job applicants or other employees in the United States of America. In the context, it investigates discrimination charges that are leveled against employers, companies being subject to the law if they have at least 15 employees. Unlike ERISA, EEOC highlights acceptable practices that employers should engage in as well as those that should be shunned. As an illustration, it provides that an employer should not publish a job advertisement that exhibits some preference for a group of people based on sex, color, age, and the like.
Although some similarities exist between ERISA and EEOC, it is worth noting that the functionality and provisions therein involve a great deal of differences. In my view, the appropriate methodology for the presentation of the differences would be the discussion of individual provisions of both ERISA and EEOC.
ERISA cover involves a myriad of benefits, one of which is medical, surgical, or hospital care. Under it, a participant who is admitted to medical facilities either for basic medical care or comprehensive check-up enjoys ERISA cover. The other benefit is that of sickness, accident, disability, or death. The implication in the case is that a participant who is admitted to the hospital enjoys full medical cover. Moreover, a beneficiary who suffers an accident and sustains an injury of whichever magnitude would receive some benefits to enable them to push on with a decent life. In case of death, however, the participant’s beneficiaries receive compensation for the avoidance of interruption of their lives due to the loss of the breadwinner. The cover also entails unemployment benefits for the extension of a stipend on a regular basis during the period of loss of employment (Anderson, 2015). In this case, the stipend may be extended on a monthly basis to enable the participant to cater to the needs of his family members. The cover also entails vacation benefits, whereby the participants who are on leave continue to enjoy the compensation benefits they would have if they were working. The benefits therein encourage participants to proceed on vacation, where they gain the opportunity to refresh and plan for future endeavors. Notably, the .
H-1B cap exempt employers: Find out who can file h-1b petitions all year-round.
If you think that your organization or your potential employee qualifies for H-1B cap exemption, our experienced attorneys make sure that you qualify.
Contact VisaPro at http://www.visapro.com/Contact-VisaPro/default.asp if you have any questions regarding the H-1B Cap, or need help in filing the H-1B Cap Exempt petitions.
Most prospective H-1B employees and H-1B employers begin with either of the following two questions: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.”
Health Reform Bulletin – Implementation Update: Women’s Preventive Health Se...CBIZ, Inc.
The women’s health services component of the Affordable Care Act’s (ACA) preventive services mandate continues to evolve. As background, the ACA requires non-grandfathered plans to provide specified preventive services at no cost to plan participants. These preventive services require coverage of certain women’s health services including contraceptive coverage. Recent challenges to this requirement have reached the Supreme Court.
The latest HRB has been released and details various ACA reminders, PCORI Fees HHS Rules and much more. Check out the slideshare document and be sure to contact us at www.cbiz.com should you have any questions.
Similar to ABCs OF H-1Bs (THIS IS PART VI OF AN VIII PART SERIES): THE H-1B CAP WAS REACHED; DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA? (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.
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.
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.
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.
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
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ABCs OF H-1Bs (THIS IS PART VI OF AN VIII PART SERIES): THE H-1B CAP WAS REACHED; DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA?
1. ABCs OF H-1Bs (THIS IS PART VI OF AN VIII PART SERIES): THE H-1B CAP WAS
REACHED; DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA?
By: Michael Phulwani, Esq., David H. Nachman, Esq. and Ludka Zimovcak, Esq., U.S. Immigration
and Nationality Lawyersat the Nachman Phulwani Zimovcak (NPZ) LawGroup, P.C. - VISASERVE
(NJ, NY, Canada, and India).
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. Because of the surge of petitions filed, USCIS
conducts a lottery (technically referred as “random selection process”), to determine which
petitions received in the five-day submission period, the minimum time USCIS can accept
petitions, will actually be considered. USCIS then begins sending receipt notices for the petitions
selected in the random selection process.
The H-1B lottery is a very stressful time for thousands of potential H-1B candidates. Until the
prospective H-1B employers (or their legal representatives) start receiving receipt notices, and
the dark clouds of uncertainty over prospective H-1B visa holders move past, the question worth
asking and exploring is: “Do I still have a chance of getting an H-1B visa even if my H-1B
petition does not make it to the H-1B cap?”
Unfortunately, the regular (bachelor’s) H-1B cap remains at 58,200 and the master’s cap cannot
accommodate more than 20,000 specialty occupation workers. However, there are certain
categories of cap-exempt H-1B visas that candidates can look to. One such category is for
beneficiaries of employment offers at: (1) institutions of higher education or related or affiliated
nonprofit entities; or (2) nonprofit research organizations or governmental research
organizations. To get a cap-exempt H-1B visa using these categories the fundamental question to
ask is: whether the offer of employment is from an institution of higher education, or related or
affiliated nonprofit entities, or from nonprofit research organization or governmental research
organization.
As discussed in the previous part (Part V of VIII Part Series H-1B article) on January 30th,
2019, The Department of Homeland Security (DHS) posted a final rule amending the
regulations governing H-1B cap-subject petitions, including those that may be eligible for the
advanced degree exemption. As a result, U.S. employers seeking to employ foreign workers
with a U.S. master’s or higher degree will have a greater chance of selection in the H-1B lottery
in years of excess demand for new H-1B visas.
Effective April 1, 2019, USCIS will first select H-1B petitions (or registrations, once the
registration requirement is implemented) submitted on behalf of all beneficiaries, including
those that may be eligible for the advanced degree exemption. USCIS will then select from the
remaining eligible petitions, a number projected to reach the advanced degree exemption.
Changing the order in which USCIS counts these allocations will likely increase the number of
petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher
education to be selected under the H-1B numerical allocations.
For the purposes of H-1B cap exemption, the H-1B regulations have adopted the definition of
2. institution of higher education as the definition has been set forth in section 101(a) of the Higher
Education Act of 1965. As detailed in our previous article, to be classified as an institution of
higher education, the educational institution must satisfy five (5) requirements. First, the
educational institute must be a public or other nonprofit institution. Second, the master’s degree
issuing institution must be accredited by a nationally recognized accrediting agency or
association. Additionally, the educational institution must satisfy each of the following three
requirements: (1) admits as regular students only persons having a certificate of graduation from
a school providing secondary education, or the recognized equivalent of such a certificate; (2) is
legally authorized within such state to provide a program of education beyond secondary
education; and (3) provides an educational program for which the institution awards a bachelor’s
degree or provides not less than a 2-year program that is acceptable for full credit toward such a
degree. The previous article in this series discussed in detail which educational institutions may
or may not qualify as an institution of higher education. Further guidance was provided in a set
of regulations that became effective on January 17th, 2017.
Assuming that an academic institution will qualify as an institution of higher education, the next
two questions that have perplexed immigration practitioners (and potential H-1B employers) are:
(1) what is the difference between employed “by” and employed “at”? and (2) how does one
determine if the nonprofit institution is “related to or affiliated with” an institution of higher
education.
The 2006 Aytes memo clarified the difference between employed “at” and employed “by”, and
the purpose behind it. This memo explained that commonly, qualifying institutions petition on
behalf of current or prospective H-1B employees and claim this exemption. In certain instances,
petitioners that are not themselves a qualifying institution also claim this exemption because the
prospective H- 1B beneficiary will perform all or a portion of the job duties “at” a qualifying
institution. Such petitioners are referred to as “third party petitioners”.
Thus, USCIS allows an exemption in situations where the employee is employed by a “third
party petitioner” but the prospective H-1B employee will perform job duties at a qualifying
institution that directly and predominately furthers the normal, primary, or essential purpose,
mission, objectives or function of the qualifying institution, namely, higher education, or
nonprofit research organization, or governmental research organization. Thus, if the petitioner is
not itself a qualifying institution, the burden is on the petitioner to establish that there is a
“logical nexus” between the work performed predominately by the beneficiary and the normal,
primary, or essential work performed by the qualifying institution.
In this context, the issue that has been source of frequent litigation is: “How to determine
whether the nonprofit institution is “related to or affiliated with” the institution of higher
education?” The Administrative Appeals Office (“AAO”), a component of USCIS, has always
deferred to the USCIS approach as to whether the nonprofit institution is related to or affiliated
with the institution of higher education. According to USCIS policy, the definition of related or
affiliated nonprofit entity that should be applied can be found at 8 C.F.R. § 214.2(h)(19)(iii)(B).
In particular, USCIS takes into consideration the following definition: “A nonprofit entity
(including but not limited to hospitals and medical or research institutions) that is connected or
associated with an institution of higher education, through shared ownership or control by the
3. same board or federation operated by an institution of higher education, or attached to an
institution of higher education as a member, branch, cooperative, or subsidiary.”
Per new 2017 guidance, The term “related or affiliated nonprofit entity” is defined, both for
ACWIA fee (8 CFR §214.2(h)(19)(iii)(B)) and cap exemption purposes, to include nonprofit
entities that satisfy any one of the following conditions: (1) the non-profit is connected or
associated with an institution of higher education through shared ownership or control by the
same board or federation; (2) the non-profit is operated by an institution of higher education; (3)
the non-profit is attached to an institution of higher education as a member, branch, cooperative,
or subsidiary; or (4) the non-profit has entered into a formal written affiliation agreement with an
institution of higher education that establishes an active working relationship with the institution
of higher education for the purposes of research or education; and a fundamental activity of the
non-profit is to directly contribute to the research or education mission of the institution of
higher education.
The AAO has further interpreted the terms “board” and “federation” as referring specifically to
educational bodies such as a board of education, board of regents, etc. Arguing that all public
universities and public primary and secondary schools are all nonprofit entities ultimately owned
by the State government will not help to fetch the exemption.
However, consider a situation where the primary or secondary school runs a teacher’s
certification program in collaboration with a qualifying institution of higher education, and one
of the essential purposes of the institution of higher education is to train primary and secondary
school teachers. This collaboration could be used to satisfy the third prong that the petitioner is
attached to an institution of higher education as a member, branch, cooperative, or subsidiary.
Thus, individuals involved in such a program could be treated as being H-1B cap exempt.
However, such an exemption is limited to the employees of a nonprofit petitioner who are
directly involved in the jointly managed program that directly and predominantly furthers the
essential purposes of the institution of higher education.
Switching gears from the most hotly contested issue to that of the least contested issue is a focus
upon which institution may qualify as a nonprofit research organization or governmental
research organization. USCIS always follows the definition as stated in the regulation at 8 C.F.R.
214.2(h)(19)(iii)(C). Specifically, a nonprofit research organization is an organization that is
primarily engaged in basic research and/or applied research. A governmental research
organization is a United States Government entity whose primary mission is the performance or
promotion of basic research and/or applied research. The research, be it basic or applied,
includes sciences, social sciences, or the humanities.
In conclusion, to claim H-1B cap exemption under this category, the institution should qualify
either as an institution of higher education or as a nonprofit research organization or as a
governmental research organization. Even if the petitioner is not an institution of higher
education, it may qualify for the exemption if it is “related to or affiliated with” the institution of
higher education. In order to be “related to or affiliated with” an institution of higher education,
one or more of the following must be satisfied: (1) The petitioner is associated with an institution
of higher education through shared ownership or control by the same board or federation; (2) the
4. petitioner is operated by an institution of higher education; or (3) the petitioner is attached to an
institution of higher education as a member, branch, cooperative, or subsidiary.
Last but not the least; the regulations do not demand that the prospective H-1B employee should
be employed “by” an institution of higher education (or related or affiliated nonprofit entities), or
nonprofit research organization, or governmental research organization. Even if the H-1B
employee is employed by a third-party but s/he performs majority of work “at” (upon) a
qualifying institution and that work directly and predominately furthers a primary or essential
purpose of the qualifying institution, such an employee will be treated as cap-exempt. Of course,
it is likely that we will receive further and additional guidance on these issues in the future.
For more information about the H-1B nonimmigrant work visa process or to consider H-1B
nonimmigrant work visa options, the immigration and nationality lawyers and attorneys at the
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. invite you to visit them on the web at
www.visaserve.com or to email them at info@visaserve.com or to call the firm at 201.670.0006
(x107).