One of the biggest issues faced by spouses of H-1 and L-1 holders in the last few years was that USCIS stopped processing their applications even when filed with the principal application. This resulted in much uncertainty and due to delays in processing cases many spouses were forced to stop working. Prior to the Trump…
Posts by Immigration Team
-
The Violence Against Women Act (VAWA)
Our society faces problems of violence at various levels, and this is why The Violence Against Women Act (VAWA) is important. It was created to support victims of actual or threatened domestic violence, dating violence, sexual assault, or stalking. VAWA grants the possibility to immigrants who have been abused by a person who has a…
-
DACA Renewals and the Future of the American Dream and Promise Act
In 2012, the Obama administration under the President’s executive power implemented the Deferred Action for Childhood Arrival program, better known as DACA, after congress failed to pass the more comprehensive DREAM Act which was first introduced in 2001. DACA was created to allow for applicants, or so-called Dreamers, that were brought to the U.S before…
-
Use Of Alternative Wage Surveys To Overcome The New DOL Wage Rates
On October 8, 2020, the Department of Labor (DOL) published an interim final rule on prevailing wages drastically increasing the four DOL wage tiers of the Occupational Employment Statistics (OES) wage survey for H-1B, H-1B1, and E-3 temporary work visas, as well as permanent labor certification (PERM) applications. See our article on this here. With…
-
Know Your I-9 Responsibilities. A Must Read For All Employers.
Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Employers are required to complete and retain an I-9, Employment Eligibility Verification for each employee who is hired for employment, with limited exceptions which will be discussed below. IRCA specifically prohibits Employers from knowingly employing individuals who are not authorized to work in the…
-
When Is An H-1B Amendment Required?
An H-1B amendment is required each time there is a material change in the terms and conditions of employment. The Federal Regulations provide that the petitioner shall file an amended or new petition, with fee to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified…
-
CPT and H-1B General Information
Filing for H-1B change of status while working as F-1 student under Curricular Practical Training (CPT) The regulations allow international student visa holders (F-1 students) to participate in practical training and accept employment while still under F-1 status if the F-1 students have been lawfully enrolled on a full-time basis in a qualified educational institution…
-
L-1B General Information
L-1B intracompany transferee with specialized knowledge The L-1 visa is a temporary work visa that allows a U.S. employer to transfer an employee from a qualified foreign company to an office in the U.S. The visa can also be issued when a foreign employee is sent to the U.S. to work and open a U.S….
-
L-1A General Information
L-1A intracompany manager or executive transferee The L-1 visa is a temporary work visa that allows a U.S. employer to transfer an employee from a qualified foreign company to an office in the U.S. The visa can also be issued when a foreign employee is sent to the U.S. to work and open a U.S….