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 […]
Immigrants Don’t Take Away U.S. Jobs!
Common myth explored
Restrictions on visa issuance
The Department of State, in response to the 9-11 attacks, promulgated an interim rule which became effective on April 1, 2002. A close examination of the rule is very important […]
The H-1B Visa Reform Act of 2004
In the closing days of Congress in Fall 2004, the H-1B Visa Reform Act of 2004 (“Act”)was included in the Fiscal Omnibus Appropriations bill (H.R. 4818). The Act was signed […]