While companies are generally diligent in completing I-9s for their new employees within three business days, they are not always as careful to reverify the I-9 when an employee’s work status changes. This most often comes up for those employees who are foreign nationals. Here is some information on when an I-9 needs to be […]
Too often I read BALCA (The Department of Labor’s (DOL) administrative court) decisions and see PERM denials based on an employer’s mistakes during the PERM process. There are numerous possible failures along the PERM road that could lead to a denial. I could blog all day on mistakes made by attorneys during the PERM process. But there […]
U.S. companies with offices abroad would do well to consider the L-1 nonimmigrant visa as an alternative to the more publicized H-1B visa for newly recruited foreign nationals seeking U.S. employment.
The H-1B has long been the preferred nonimmigrant visa status for U.S. companies seeking to employ foreign nationals in “specialty occupation” positions in the […]
Current H-1B Cap Climate
For the first time since 2008, the H-1B cap was reached within the first week of filing! On April 5th, U.S. Citizenship and Immigration Services (USCIS) announced that more than the allowed number of H-1B visa petitions had been filed since April 1st. USCIS conducted a computer-generated random selection process commonly referred […]
It is official. We are now less than five months away from April 1, 2014, a time when possibly one hundred thousand or more H-1B visa petitions will arrive at either U.S. Citizenship and Immigration Services’ Vermont or California Service Center to compete in a random lottery system for selection in the 2014/15 H-1B cap […]
After the recent record setting settlement between the U.S. Department of Justice (DOJ) and the Infosys Corporation (Infosys), the L-1 nonimmigrant visa remains a viable option for U.S. employers seeking to employ qualifying foreign nationals, either on a short-term basis at their office location or at a third-party client site. On October 30, 2013, the […]
Use of a local paper as one of the required alternative recruitment efforts for professional positions is now under scrutiny. One of the requirements of PERM is that the company recruits for the position to test the market as a way to ascertain if there are any qualified U.S. workers available and willing to work […]
Significant changes are coming to the L-1 visa program regardless of whether Congress completes comprehensive immigration reform this term. The Department of Homeland Security’s Office of Inspector General (OIG) recently released their final report, Implementation of L-1 Visa Regulations, which contains ten recommendations aimed at “improving” the L-1 visa program. While the U.S. Citizenship and […]
Canadian citizens may apply for L-1 nonimmigrant visa status directly with U.S. Customs and Border Protection (“CBP”) at many U.S. land or air ports-of-entry. This convenient process saves time and money by bypassing both the burdensome adjudication process with the U.S. Citizenship and Immigration Services (“USCIS”) and the visa issuance process with the U.S. Department […]
The PERM regulations are rife with minutia, requiring an applicant’s exacting adherence the first time around. There are no second bites at the apple, and when an applicant omits information required by the regulations, denial is the certain consequence.
These are the words of a Board of Alien Labor Certification Appeals (BALCA) panel in a decision […]