Apr
3
Applying for a H-1b, L, or O visa for a professional foreign worker has become more difficult with the USCIS’ requirement of verifying whether a license is needed for the foreign employee to be permitted to be exposed to certain restricted technologies, software, materials, research, and equipment. This article provides a helpful analysis of the steps and factors to be considered in making this evaluation in order to protect both the employer and employee from substantial penalties for non-compliance.
Aug
20
Appeals Court holds that employer not responsible for visa fees and expenses
August 20, 2009 | Leave a Comment
In the convoluted world of H-1B non-agricultural temporary worker processing, this case stood out as a good example of the seamier side of hiring foreign workers. In Castellanos-Contreras, et al v. Decatur Hotels, LLC, Fifth Circuit case #07-30942 (July 21, 2009), the court ruled on a complaint filed by Castellanos-Contreras and two others that [...]
Aug
20
DHS and DOL step up audits of H-1B and Labor Cert Sponsors
August 20, 2009 | Leave a Comment
Fueled by the $500.00 per case “H-1B Fraud Fee” paid by employers for every new H-1B application for a new employee, the DHS has instituted significant additional review programs of H-1B employer sponsors. According to the DHS, over 600 employers nationwide are being audited. The Office of Fraud Detention and National Security estimated [...]
Aug
20
Obama Administration Policy: Enforcement before Reform
August 20, 2009 | Leave a Comment
Speaking recently, Janet Napolitano, President Obama’s Secretary of Homeland Security indicated that without question the administration’s policy was going to be that of expanding immigration enforcement, especially against businesses. This comes on the heels of another declaration that H-1B visa sponsors are being audited in much larger numbers, thanks to the additional $500.00 H-1B [...]
Jul
9
Immigrants Don’t Take Away U.S. Jobs!
July 9, 2009 | Leave a Comment
Common myth explored
Immigration Seminar Textbook