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 …

Routine immigration employment forms

Immigration forms are widely available on the internet. Many routine immigration employment forms may be completed by non-attorneys. After an application is submitted and approved, frequently the same approach may be used again. There may be a few adjustments. For example, many immigration forms are updated annually.  Some filing locations change.  In some cases it …

Prevailing Wage

Department of Labor Congress has mandated that the Department of Labor (DOL) monitor the H1B program. The DOL is responsible for regulating any adverse impact immigrant workers may have on wages of American workers doing the same kind of work.  The employer must determine the prevailing wage rate before filing the labor condition application, in order …

E Investment Visa

Here are the investment requirements for the E-2 Investor Visa: Person, partnership or corporation The investor, either a person, partnership or corporate entity, must have the citizenship of a qualified treaty country. If the investment is in a business, at least 50 percent of the business must be owned by persons with the treaty country’s …

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 …

B-1 Visa Enforcement

Infosis Case Immigration officials required tech giant Infosis to pay a record $34 million dollar fine, charging the company with visa fraud.  It is the largest settlement ever in an immigration case. The government claimed the company used a scheme to pay its workers a lower wage than legally required in order to increase its …

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 …

L-1 Visa

The L visa allows qualifying multinational companies to transfer managers and executives and employees with “specialized knowledge” to work in the United States. To qualify, the employee must have worked abroad in an executive, managerial, or specialized knowledge capacity in an affiliated entity of the U.S. employer for at least one continuous year. Since the …