Insight, News, and Strategy on Immigration Matters Around the World
In a departure from prior interpretations of H-1B sponsorship, a New York state court ruled an H-1B work visa application established an employment contract sufficient to support the employee’s breach of contract claim. Kausal v. Educational Products Information Exchange Institute, d/b/a EPIE Institute, 2013 N.Y. App. Div. LEXIS 2491 (NY Apr. 17, 2013).
Nikhil Kausal…
AUTHOR: Melina V. Villalobos.
As we previously blogged about on April 17th, a comprehensive immigration reform bill has been introduced in the U.S. Senate, Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. While many critics have focused on the new pathways for legal migration to the U.S. contained in the 850-page bill…
The highly anticipated immigration reform bill has been formally introduced by a bi-partisan group of Senators. The proposal for significant changes to the nation’s immigration system (consisting of almost 850 pages), the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, includes provisions for increased border security, legalization for individuals present in unlawful status,…
AUTHOR: Davis C. Bae.
The USCIS announced on April 8, a week after it began accepting H-1B petitions, that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. It received approximately 124,000 H-1B petitions, including petitions for the advanced degree exemption. This likely will mean…
Author: Harry J. Joe.
Job shops and staffing firms use of H-1B visas, but that do not actually and directly employ the alien workers, that assign such workers to third-party worksites and otherwise bench (practice of placing H-1B visa holders in nonproductive status, without pay, while they wait for placement with other employers), and not…
USCIS announced today that it "received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption." On April 7, 2013, these applications were processed through a computer-generated random selection process known as the lottery to determine which ones would receive the 65,000 visas generally allocated for H-1Bs as well …
AUTHOR: Davis C. Bae
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
AUTHOR: Rebecca Massiatte.
U.S. Citizenship and Immigration Service (USCIS) has announced a temporary adjustment to its premium processing practice for H-1B petitions for the fiscal year (FY) 2014. Requests for premium processing (15-calendar-day processing time, subject to USCIS request for additional evidence/information) of cap-subject H-1Bs received between April 1 and April 14, will be adjudicated…
Employers who plan to file for new H-1B employment visas in FY2014 should be prepared to file by April 1, 2013. While H-1B usage has been lower over the last several years, increased demand caused the FY2013 cap to be reached on June 11, 2012, less than two months after USCIS began accepting petitions. H-1B…
In good news for employers faced with fines for immigration law violations, OCAHO has determined that, as a matter of discretion, a company with 17 violations involving failure to prepare or present I-9s and 59 failures to properly complete the I-9 section 2 attestation should have its fine decreased by nearly 50%, to $41,400. USA…
