The Roving H1B employee: Dealing with multiple changes in job locations

The Roving H1B employee: Dealing with multiple changes in job locations

Roving H-1B employees require special attention and analysis. In general, if an employer sends an H-1B worker to a new worksite, not listed on the Labor Condition Application (LCA), the employer must act to maintain compliance with the regulations. The … Read Full Story

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Cover me The Blanket L program

Cover me  The Blanket L program

Introduction

The Blanket
L program is designed to allow large multinational corporations to transfer
their executives, managers, and specialized knowledge professionals to the U.S.
without undergoing the often lengthy processing periods for regular L petitions.
This simplifies the process of … Read Full Story

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I9 Compliance issues

I9 Compliance issues

If you are considering employing one or more persons for your business, you are
required to comply with the USCIS requirements for verifying the identity and
employment eligibility of each individual you hire.

Purpose of Form I-9

The Form
I-9, … Read Full Story

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Immigration consequences of Corporate Reorganization

Immigration consequences of Corporate Reorganization

An issue of heightened concern in the recent years with the frequency of corporate
merger, acquisition, spin-offs or other action, is whether new or amended visa
petitions must be filed for H and L workers. The rule differs with respect … Read Full Story

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Labor Condition Application: An overview

Labor Condition Application: An overview

The Labor Condition Application, or LCA, is a prerequisite to H-1B approval. The
LCA, Form-9035, contains basic information about the proposed H-1B employment
such as rate of pay, period of employment, and work location. It also contains
four standard attestations … Read Full Story

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LCA Compliance issues: Avoiding DOL penalties

LCA Compliance issues: Avoiding DOL penalties

Challenge and Sanctions

The Department of Labor (DOL)
has established a process for handling complaints concerning failure to meet the
conditions of an LCA or of making misrepresentations. Sanctions include back pay,
civil fines, and disqualification from USCIS approval of … Read Full Story

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Proposed legislative changes to H1B and L1 visas

Proposed legislative changes to H1B and L1 visas

L-1 and H-1B Reform Law (Omnibus Appropriations Bill, 2005)

The Fiscal Year 2005 Omnibus Appropriations Bill was approved by both the House
and Senate on November 20, 2004. The Bill introduces many changes in the existing
provisions relating to work … Read Full Story

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Visa Number Retrogression: Tough Times Continue for US Employers

Visa Number Retrogression: Tough Times Continue for US Employers

The
U.S. Citizenship and Immigration Service (USCIS)
has given more than one rude shock to U.S. employers
and foreign national workers in the last two months.
The unprecedented rate at which H-1B
visas were used up caught U.S. employers by … Read Full Story

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E3 Visa Applications: Supporting Documents

E3 Visa Applications: Supporting Documents

The Visa Office has informed American Immigration Lawyers Association
that the following documents will be required to establish eligibility for E-3
visa issuance:

an original or photocopy of a certified ETA
9035 Labor Condition Application form bearing a Department of … Read Full Story

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New E3 Visa for Australians: DOS Issues Regulations

New E3 Visa for Australians: DOS Issues Regulations

The U.S. Department of State recently published the regulations implementing the
new E-3 visa for Australians. With the publication of the final rule, Australians
are now able to apply for E-3 visas to work in the United States. The U.S. … Read Full Story

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When to use USCIS Premium Processing

When to use USCIS Premium Processing

What is Premium Processing?

On June 1, 2001, the U.S. Immigration and Naturalization Service (now U.S. Citizenship
and Immigration Services) put into place a Premium Processing Service, promising
to speed up the agency’s applications decision process on selected work visas.… Read Full Story

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E2 Treaty Investor Visa Processing in France

E2 Treaty Investor Visa Processing in France

E-2 Treaty Investor visas are authorized on the basis of treaties of commerce and navigation or bilateral agreements between the United States and certain other countries, to enter the U.S. for the purpose of directing and developing the operations of … Read Full Story

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Plan Your H1B Filings Before the H-1B Filing Period Begins

Plan Your H1B Filings Before the H-1B Filing Period Begins

H-1B visa category is for positions that require the theoretical and practical application of a body of highly specialized knowledge, i.e., a position that normally require a bachelor’s degree as the minimum for entry into the field. The proposed employee … Read Full Story

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E2 Treaty Investor Visa Processing in the U.K.

E2 Treaty Investor Visa Processing in the U.K.

The E-2 Treaty Investor visa allows nationals from countries that have
treaties of commerce and navigation or bilateral agreements in effect with the
U.S., to enter the U.S. for the purpose of directing and developing the operations
of an enterprise … Read Full Story

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DOL Penalizes Computer Firm for H1B Violations: How to Develop an Effective Compliance Strategy?

DOL Penalizes Computer Firm for H1B Violations: How to Develop an Effective Compliance Strategy?

In a settlement reached with the Department of Labor recently, a Southfield, Mich.
Firm has agreed to pay $2,250,000 in back wages to 232 computer professionals
and a $400,000 fine to settle immigration law violations. The company is also
prohibited … Read Full Story

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New H2B Visa Provisions: Senator Mikulski Leads the Pack

New H2B Visa Provisions: Senator Mikulski Leads the Pack

It’s November and the sunny days of summer may seem far away, but the businesses
that comprise Maine’s hospitality industry are already preparing for the tourist
season. In Maine alone, 87,000 jobs are tied directly to the success of
tourism,
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B, H, O and P Visas: The Athlete’s Dream Team for Immigration Success

B, H, O and P Visas: The Athlete’s Dream Team for Immigration Success

Money, fame and autograph hunters go hand in hand with top athletes who have practiced their sport all over the world. But they may find themselves out of their league when it comes to understanding the rules of the game … Read Full Story

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Unraveling the J1 Visa Scheme and the “New” Trainee and Intern Provisions

Unraveling the J1 Visa Scheme and the “New” Trainee and Intern Provisions

The J-1 Exchange Visitor category was introduced in 1961 in an effort to enhance understanding between the people of the U.S. and the people of other countries through educational and cultural exchanges. U.S. institutes of higher learning have greatly benefited … Read Full Story

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