Blog Topic

H-1B E-Guidance from the USDOL
Posted by: Gina Giambalvo
May 17, 2010

The U.S. Department of Labor has promulgated a helpful guide for employers about the H-1B nonimmigrant visa process. 

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H-1B Site Visits: To Become a Standard Protocol.
Posted by: Gina Giambalvo
May 14, 2010

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS"), published this past September. According to the FDNS' findings, as many as one in five H-1B applications were affected by either fraud or "technical violations" of the H-1B program . . .

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H-1B Site Visits Soon To Become a Routine Protocol
Posted by: Gina Giambalvo
May 04, 2010

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS"), published this past September.

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H-1B Nonimmigrant Visa Season Began on April 1st 2010.
Posted by: Gina Giambalvo
April 05, 2010

U.S. Department of Homeland Security ("DHS"), Citizenship and Immigration Services ("CIS") began to accept H-1B cap petitions for employment for the Fiscal Year 2010-2011. As is always the case, the next several weeks will be highly scrutinized by H-1B employers, H-1B employees and U.S. immigration lawyers. We firmly believe that the H-1B usage will afford a glimpse about the U.S. economy for some months to come.

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ONE BAD APPLE . . . U.S. says IT firm underpaid H-1B workers Labor Department seeks $1.9M in back wages and penalty payment from N.J. company
Posted by: Gina Giambalvo
February 26, 2010

The U.S. Department of Labor is alleging that a Newark, N.J., software company, Peri Software Solutions Inc., underpaid its tech workers on H-1B visas and owes some $1.45 million in back wages to 163 people.  The Labor Department is also seeking to hit Peri with a $439,000 civil penalty and a two-year debarment from the H-1B program.

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THE NEUFELD MEMO CAN CHANGE THE WHOLE H-1B PROFESSIONAL AND SPECIALTY OCCUPATION VISA LANDSCAPE IN THE UNITED STATES.
Posted by: Gina Giambalvo
February 26, 2010

As we have recently reported, H-1B "season" for the 2010-2011 Fiscal Year will begin on April 1st 2010. This means that H-1B employers will be able to submit H-1B nonimmigrant professional and specialty occupation worker visa petitions requesting an October 1st 2010 start date. Our offices continue to remain poised to assist U.S. employers to prepare and submit these petitions.

Click Here to read the article online

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H-1B Admissions at Newark, NJ Airport ? Port Of Entry (POE)
Posted by: Gina Giambalvo
February 03, 2010

The AILA U.S. Customs and Border Protection (“CBP”) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors’ questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.

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USCIS Announces that the H-1B Cap for FY2010 Has Been Reached.
Posted by: Gina Giambalvo
December 23, 2009

U.S. Citizenship and Immigration Services (USCIS) announced yesterday (December 22, 2009) that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.

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Don't Be Caught Off-Guard: CIS H-1B Site Visits are in Full Swing.
Posted by: Gina Giambalvo
November 15, 2009

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S.  These site visits began as part of the CIS’ goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS’ Office of Fraud Detection and National Security (“FDNS”), published this past September.  According to the FDNS’ findings, as many as one in five H-1B applications were affected by either fraud or “technical violations” of the H-1B program. Click to read more about what this means for employers.

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H-1B visa applications lowest since 2003
Posted by: Gina Giambalvo
November 09, 2009

According to a Mercury News article from Nov. 1, 2009, "More than six months after the federal government began accepting petitions for work visas popular with Silicon Valley companies, thousands of spots remain open, a reflection of the nation's high unemployment and the political pressure to hire citizens, experts say."

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International Recruitment: Managing H-1B and OPT Workforce
Posted by: Gina Giambalvo
January 16, 2009

As most HR professionals who hire internationally know, the H-1B visa category is one of the most useful nonimmigrant options for individuals who will be employed temporarily in the US.  HR professionals are also aware of the annual cap placed on the H-1B visa, and how this cap can close doors to some potential employees.  The annual cap of 65,000 Bachelor’s Degree-holding nonimmigrants and 20,000 Master’s Degree- holding nonimmigrants applies to each fiscal year (October 1st to September 30th). This article provides a brief overview of the ever increasing popularity of H-1B visas, how to identify possible H-1B applicants in your workforce, H-1B alternatives, and how to address gaps in authorized employment and mitigate the risks and liabilities to your organization.

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The H-1B Season is Upon us ... Other Options for H-1B Lottery Losers!
Posted by: Gina Giambalvo
January 09, 2009

We are rapidly approaching the April 1st deadline for the filing for new H-1B visas for the 2009 to 2010 Fiscal Year (FY 09-10). H-1B Petitions for FY 09-10 must be received by the U.S. Department of Homeland Security ("DHS"), Citizenship and Immigration Services ("CIS") on April 1st, 2009. If you do not begin to make preparations as early as possible then you and your prospective H-1B employer will be unable to secure an H-1B (subject to the cap) for the October 1st, 2009 start date.

What is your H-1B Back-Up Plan? Look North to Canada.

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