Articles Posted in Employers


L-1 Visa Function Managers

To be eligible for an L-1A Intracompany Transferee Executive or Manager visa, you must first determine whether your position in the United States will be an “executive capacity” or in a “managerial capacity.” The requirements regarding executive capacity are much simpler than the regulations for managerial capacity. If at all…


Three means Three: BALCA Case Finding Link to External Job Search Website Does Not Satisfy Posting Job Opening on Employer’s Website

The Regulations Before permanently employing a foreign worker, employers must certify that there are no U.S. workers available for the position by performing specified recruitment steps in order to receive a labor certification. The employer bears the burden of proving that it conducted the mandatory recruitment steps as a good…


New E-Verify Security Enhancement Permits USCIS to Lock Social Security Numbers

Love it or hate it, the Department of Homeland Security’s E-Verify Program, which enables employers to verify employment eligibility of new employees electronically, is likely here to stay. Since its introduction in 2008, a major concern with E-Verify was the fact that the program was not able to catch an…


What’s to Come: The Good, the Bad and the Ugly Predictions for Immigrant Visa Processing Times for 2014

In 2013, we saw some interesting changes in processing times, from rapid progressions in some visa categories to retrogression in others. Using the latest Visa Bulletin for January 2014 along with the predictions made by Charles Oppenheim of the Visa Office, our team has come up with some of our…


A Unique Opportunity for Chinese Nationals Seeking Employment-Based Immigrant Visas

Since the June 2013 Visa Bulletin was released, the priority date cut-off for Chinese nationals filing under the EB-3 immigrant visa category has been more recent than the priority date cut-off for the EB-2 visa category. In fact, the cut-off date for EB-3 visas for Chinese nationals has progressed nearly…



Under the Obama Administration, the U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) have markedly increased their efforts in worksite enforcement. Consequently, there has been a significant increase in H-1B site inspections resulting in audits. United States Citizenship & Immigration Services (USCIS) has confirmed that random, unannounced…