H-4 SPOUSE EMPLOYMENT AUTHORIZATION
By Attorney Farhad Sethna © 2015 THE PROBLEM: Until an alien’s “priority date” is current, the alien and any non-US Citizen dependents cannot apply for Adjustment of Status (“green card”) […]
The Export Control Regulations and Deemed Exports – an update
By Farhad Sethna, Attorney, copyright 2014 (No copyright asserted in US Government works or websites) Background: Other articles on this website also discuss this issue. This article is intended to […]
Imaginative move by Massachussetts governor to retain highly educated foreign students in the USA
By Attorney Farhad Sethna © 2014 In other articles on this blog, I had written about self-sponsorship through a business set up and operated by a foreign student or recent […]
AAO CONFIRMS 3-FOR-1 RULE
© Attorney Farhad Sethna 2013 Under employment based immigration law, a foreign worker will be considered to have a Baccalaureate or Bachelor’s degree if the alien worker can meet certain […]
Export Control Regulations – a new hurdle for the H-1b/O/L visa
Applying for a H-1b, L, or O visa for a professional foreign worker has become more difficult with the USCIS’ requirement of verifying whether a license is needed for the foreign employee to be permitted to be exposed to certain restricted technologies, software, materials, research, and equipment. This article provides a helpful analysis of the steps and factors to be considered in making this evaluation in order to protect both the employer and employee from substantial penalties for non-compliance.
Appeals Court holds that employer not responsible for visa fees and expenses
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 […]
DHS and DOL step up audits of H-1B and Labor Cert Sponsors
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 […]
Obama Administration Policy: Enforcement before Reform
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 […]