Fiscal Year 2016 H-1B cap reached
© Farhad Sethna 2015 On April 7, 2015, the USCIS announced that it had already reached the cap of 65,000 general visas for H-1B as well as the 20,000 “Advanced US […]
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 […]