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I tend look on the bright side of things.  Although the government shutdown has halted our ability to file PERMs, LCAs and prevailing wages (to name a few) and tested our faith in the political system, I see a silver lining.  This shutdown allows a little “me” time.  It is a time to review lately…

Reports have surfaced that some U.S. consulates are denying H-1B visa applications on the ground that the certified Labor Condition Application referenced the incorrect wage level for the position. This can mean significant staffing issues for employers expecting workers on H-1B visas.

In about a month, beneficiaries of FY 2014 H-1B petitions will be able

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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…

Employers who place workers at  multiple worksites, whether theirs or someone else’s, must include the assignment’s details to the Department of Labor (DOL) and the Citizenship & Immigration Service (CIS) on H-1B petitions.  As the nation’s workforce embraces alternative work modes  (e.g., remote workers, roving employees, and virtual office workers), foreign nationals  who are so…