H-4 Visa Holders May Lose Work Permit

There are indications that the Trump administration is preparing to issue regulations rescinding the ability of H-4 spouses to get work permits.  H-4 visas are given to the spouses of H-1B visa holders, highly-skilled foreign workers, the majority of whom are from India. Until 2015, H-4 visa holders – who often had skill levels comparable …

Passing through costs

Employers often ask about sharing some of the cost for submitting an H-1B petition with a foreign worker . One way of accomplishing this is to have the employee sign an agreement.  An employment agreement generally might include the following: Costs Which costs and fees will be paid by the company and which will be the responsibility of …

I-9 Fraud

Student Denied Green Card There was an interesting case decided in October 2014 by the Federal Board of Immigration Appeals (BIA) that applies generally to all cases in immigration court. (Matter of Ezra Kibichii Bett) Student from Kenya In this case, an immigrant student from Kenya — on an F non-immigrant visa — filed a …

H-4 Dependents

Retention of highly-skilled workers in the U.S. can be a problem for an employer. Reasons may be immigration-related. The U.S. currently has less favorable rules for immigrant spouses than other countries. The time frame required to obtain permanent residency may be many years. Under current regulations, the Department of Homeland Security does not list H–4 …

Dual Representation in Immigration

Dual representation defined Dual representation (multiple representation) occurs when a lawyer represents two or more clients in a single matter.  In most areas of law practice this is uncommon.  In immigration practice, it is very common. Immigration practice is a unique area of American law where the great majority of cases are dual representations. Petitioner …

Why can’t I just ask for the Social Security card?

Employment authorization U.S. employers hiring foreign workers are not always sure what they may legally ask the employee to provide to prove they are authorized to work. The stakes have increased with several states recently implementing severe penalties for hiring illegal immigrants. It is not unusual for employers to become more careful, and request additional …