Articles Posted in H-1B


Proposed H-1B and L-1 Visa Legislation is Regression, Not Reform

In November, federal legislation was once again proposed that would drastically alter the process of employing H-1B and L-1 workers in the U.S.–increasing the burdens, costs, requirements, and penalties for employers–while effectively barring many small and mid-sized employers from hiring any of these highly-skilled and sought after foreign workers. This…


Easing H-1B Visa Cap Restrictions Would Provide Tremendous Benefits to the National Economy

Foreign Workers Boost Our Economy Each year, the U.S. turns away many thousands of highly-skilled and educated foreign workers, many of them with advanced degrees, because of an arbitrary visa cap set back in 1990. With demand far exceeding the limited supply of only 85,000 H-1B visas allowed per year,…


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…


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.…