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Hackensack NJ Immigration & Naturalization Law Blog

OCI CARDHOLDER: INDIA OFFERS MULTIPLE ENTRY & MULTI-PURPOSE LIFE-LONG VISA TO ITS OVERSEAS CITIZENS. by Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq.

Introduction

CHECKING THE APRIL 2015 VISA BULLETIN: IS MY PRIORITY DATE CURRENT? DOS VISA BULLETIN FOR APRIL AND PREDICTIONS FOR THE MONTHS TO COME BY CHARLES OPPENHEIM.

An End to the China EB-2 to EB-3 Downgrade Phenomenon (at least for FY2015). In April 2015, the EB-3 China cut-off date (currently October 22, 2011) will retrogress more than nine months to January 1, 2011. As a result, EB-3 China will return to its more "natural" position and will be three months earlier than EB-2 China (April 1, 2011). This will effectively end the EB-3 downgrade phenomenon. For months, the cut-off date for EB-3 China has been later than EB-2 China due to insufficient EB-3 demand. As a result, EB-2 China beneficiaries filed EB-3 I-140 petitions in an attempt to take advantage of the earlier EB-3 cut-off date. This surge in demand required a correction to EB-3 China, resulting more than nine months of retrogression.

CÓMO SOLICITAR A SU EMPLEADOR QUE PRESENTE UNA VISA H-1B PARA USTED SI SE ENCUENTRA EN FORMACIÓN PRÁCTICA OPCIONAL (OPT) O EN UNA EXTENSION DE OPT STEM.

Estamos en medio de la temporada de H-1B. Si usted todavía no ha comenzado a preparar la visa H-1B para su presentación el 1ero de Abril, no se desespere. No es demasiado tarde. Tomará alrededor de una semana más o menos para enviar y recibir una aprobación para la Solicitud de Condición Laboral (LCA - Formulario 9035) del Departamento de Trabajo (DOL), pero todavía hay tiempo. La cosa más importante que hacer ahora es pedir inmediatamente a su empleador el presentar una petición H-1B en su nombre.

HOW TO ASK YOUR EMPLOYER ABOUT DOING AN H-1B FOR YOU IF YOU ARE IN OPTIONAL PRACTICAL TRAINING (OPT) OR ON A STEM OPT EXTENSION. BY: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq.

We are in the midst of the H-1B season. If you have not yet begun to prepare the H-1B for the April 1st filing date, do not despair. It is not too late. It will take about a week or so to submit and receive an approval for the Labor Condition Application (LCA - Form 9035) from the U.S. Department of Labor (DOL) but there is still time. The most important thing to do now is to immediately ask your employer to submit an H-1B Petition on your behalf.

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence.

Release Date: February 24, 2015

WORK AUTHORIZATION FOR SOME H-4 DEPENDENT SPOUSES

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

H-1B PETITION PREPARATION & FILING: THE WHATS, WHYS AND HOWS OF EDUCATION AND/OR EXPERIENCE EVALUATIONS. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Introduction

WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.

HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE PREVAILING WAGE IS IMPORTANT. By: Michael Phulwani,Esq., David Nachman, Esq., and Rabindra K. Singh, Esq.

Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.

EFFECTIVE JUNE 14, 2014 THE CANADIAN GOVERNMENT HAS ANNOUNCED THE FOLLOWING: New regulations for international students to study in Canada.

WHY THE CHANGE?

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