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 [...]

May

16

The L-1A Visa: Back Door To Permanent Residency?

May 16, 2008 | Leave a Comment

This article introduces another member of the INS (Immigration and Naturalization Service) “alphabet soup” – the “L” visa. The L – Visa is issued to intra-company transferees: these are individuals transferring from a business entity outside the U.S.A. to an affiliated enterprise within the U.S.A. The L visa may be a [...]

May

16

The L-1 Visa Reform Act of 2004

May 16, 2008 | Leave a Comment

In the closing days of Congress in Fall 2004, the L-1 Visa Reform Act of 2004 (”Act”)was included in the Fiscal Omnibus Appropriations bill (H.R. 4818). The Act was doubtless spurred by numerous reports and testimony to Congress that the L-1 visa – especially the L-1B – was being misused by employers [...]