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Articles Posted in Employers

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An Elite Group of Professionals to Better Serve Our Community

If you are interested in finding others in the immigration community and making professional connections, including potential H-1B employers and job-seekers, then please join the “USA immigration Jobs and Visas”group on LinkedIn. In this group, members may post or browse through H-1B job listings on the group’s Bulletin Board. You may…

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H-1B Visa Audit Win: Ruling Eases Employer Payment Obligation when H-1B Workers Make Themselves Unavailable for Work

Introduced in a separate article, the new standard for avoiding wage liability to H-1B employees (without terminating them) created in Gupta vs. Compunnel raises a serious question. Now, to escape liability in this way, employers must first have “work assigned” to the employees in question. Because, the reasoning goes, the…

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H-1B Visa Audit Update: New Standard Almost Meant Huge Wage Liability for H-1B Employers

In a February blog article, we covered the case of an H-1B employee who had “absconded.” Specifically, she made herself patently unavailable for work by fleeing the area and being unresponsive to attempts to assign work to her. In normal circumstances, there are easy solutions to this kind of problem.…

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How to File PERM Applications for Traveling Employees

This year marks the 10th anniversary of the PERM regulations, which govern the labor certification process for the permanent employment of immigrant foreign workers and establish responsibilities of employers who wish to employ these workers permanently in the United States. The Department has not comprehensively examined or modified the PERM…

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L-1A Intracompany Transferee: Making Sure to File it Right

In planning an L-1A visa petition for a foreign investor, it is essential to take into careful consideration several qualifying requirements. Below is a description of some of these qualifying criteria, which have in recent years caused L visa denials or requests for evidence. Navigating these criteria requires a high…

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Post-H-1B Q & A

On April 7, 2014, the U.S. Citizenship and Immigration Services announced that it received approximately 172,500 total H-1B cap-subject petitions between April 1, the first day USCIS began accepting H-1B cap-subject petitions, and April 7, the last day to file an H-1B cap petition for FY 2015. This figure includes…