Articles Posted in Work Visas

Attorney Habib Hasbini from our TN department just came back from the border with a client, he put in writing his most recent impressions and frustrations.

Heading to the U.S./Mexican border in San Diego, arriving at the immigration, U.S. port of entry, Tijuana, depending on when you arrive, you witness a long trail of people, possibly and easily topping two or three hundreds, again depending on the hour you arrive, attempting to enter the U.S. soil.

Along the trail, you witness the Mexican officers as they oversee, standing by, the free and smooth operation of the steps into U.S. territory.

Much has been said about the Management Consultant TN category, some classify it as the most difficult to obtain. In this installment of the TN Visa coverage, Attorney Andrew Despositio we will go over what it takes to be a Management Consultant for a company.

The Management Consultant is a great way to work with almost any company, since companies are constantly seeking consultations on how to best manage their business. The Management Consultant is perfect for the professional who has a lot of experience working for different types of businesses or just one business. It is a great position for a person who wants to help a fledgling company increase their revenue, or for a well-established company seeking new ways to generate more revenue. If you have a background in Physics, you can be a Management Consultant. If you have a background in Engineering, you can be a Management Consultant. If you have a background in Internet Marketing, Public Relations, or Social Media even, you can be a Management Consultant. The Management Consultant is the most versatile TN position available. However, there are a few parts of the Management Consultant TN visa that must be addressed before applying as one.

What it means to be a Management Consultant

Expect more states to follow this trend. Virginia has joined the list of states requiring certain companies contracting with the state to enroll in and use the E-Verify program. SB 1049, recently approved by Governor McDonnell, adds a new section 2.2-4308.2 to the Code of Virginia.

A spokesperson for the Governor’s office stated that the acceleration of the E-Verify requirement was due in part to recent upgrades in the E-Verify system, including the launch of the E-Verify Self-Check tool, which went live March 21. Provided by the Department of Homeland Security, this new web tool is available to workers for the purposes of checking the accuracy of their information in the relevant databases (Social Security Administration and DHS). The initial release is available only to individuals with addresses in Arizona, Colorado, Idaho, Mississippi, Virginia and the District of Columbia. The Self-Check tool asks certain questions aimed to verify the identity of the individual. Once verified, the individual can then confirm whether or not the relevant databases accurately reflect his or her appropriate work authorization status.

The new provision will apply to employers that have more than an average of 50 employees for the previous 12 months and that are entering into a contract to perform work for, or provide services to, any agency of the Commonwealth if the value of the work or services is in excess of $50,000. Affected employers must enroll in and utilize the Department of Homeland Security E-Verify program to verify the employment eligibility of new hires performing work pursuant to those contracts.

As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

This is a great article by our Attorney Ekaterina Powell, Esq., she has been very involved in H1B DOL audits in the past few months as we defend our employer clients.

The number of Labor Condition Application compliance investigations of the H-1B employers by the Department of Labor (DOL) is on the rise. When violations are found, the Administrator of the Wage and Hour Division may assess civil money penalties ranging from $1,000 to $35,000 per violation, depending on the type and severity of the violation. The Administrator may also impose other remedies on the H-1B employers, including payment of back wages, and debarment from the H-1B program for a certain number of years.

Therefore, it is critical for all companies that employ foreign workers under H-1B program to keep themselves up-to-date with the compliance measures and strictly follow the record keeping requirements.

Another blow to the H1B program. According to Computer World, the cables being released by WikiLeaks are shedding some light on fraud in the H-1B visa application process in countries that don’t get much attention for it — Mexico, Libya and Iceland.

The reports so far are a collection of anecdotes explaining attempts to dupe U.S. officials into granting visas to people not eligible for them. That collection may grow as more cables are released.

The cables offer insight into the types of issues that embassy officials in such countries can encounter when processing work visas.

The H1B cap count was always an indication how our economy is doing. While we see recovery, it is a slow one. Same goes for H1B numbers usage.

As of April 15, 2011, approximately 7,100 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 5,100 H-1B petitions for aliens with advanced degrees. If the numbers continue in this slow movement, we are looking to have H1B numbers open all through the summer and beyond.

Of course this could change at any time, so if you have an H1B employee in mind, file sooner than later.

American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) argued recently in an amicus brief—the government may not arrest H-1B employees for whom timely-filed extension applications remain pending.

The decision in El Badrawi v. United States, by U.S. District Judge Janet C. Hall, correctly recognized that a federal regulation allows H-1B employees to continue working for 240 days pending the adjudication of their extension applications, and that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” Permitting the initiation of removal proceedings during this period would thus be unfair to employees and employers alike, according to the decision.

The plaintiff, a Lebanese national, was gainfully employed as a medical researcher when his employer requested an H-1B extension in early 2004, more than a month before his H-1B status expired. Though his employer paid a $1,000 fee for premium processing of the application, the government never adjudicated it and refused to respond to requests for information. Nearly seven months after the request was filed, immigration agents arrested the plaintiff for allegedly “overstaying” his initial period of admission. He was placed in removal proceedings and detained for nearly two months.

Whenever you hear about H-1B visa, you hear the term “specialty occupation”.

So, what does “specialty occupation” mean? Why is it important to prove that the proposed position is a “specialty occupation” in order to qualify for the H-1B? What role does the Occupational Outlook Handbook (OOH) published by the Department of Labor play in USCIS’ interpretation of “specialty occupation”?

This article will address these questions and other common issues that H-1B candidates and practicing immigration attorneys face in context of H-1B filings.

In an effort to fight fraud and abuse in the L1 and H1B programs, U.S. Citizenship and Immigration Services (USCIS) is implementing a program known as Validation Instrument for Business Enterprises (VIBE). VIBE is a web-based tool that will allow the USCIS to corroborate certain basic information about a company during adjudication of employment-based visa petitions. Use of this program is becoming evident in the content of requests for evidence (RFEs). See example below from one of our cases.

USCIS procedures allow for the employer to explain or clarify any concerns regarding information contained in VIBE. If information collected through the VIBE program reveals inconsistencies with the employer’s petition, or raises other concerns regarding the case, the USCIS should issue an RFE or notice of intent to deny (NOID) to allow for a response, rather than directly denying the case. The RFE or NOID will clearly note that that the VIBE program has found missing or contradictory information and provide a description of this information. The petitioning employer will then have the ability to address these issues.