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 …

Checking Documents

Screening Employee Documents Screening what appear to be legitimate working documents presents a real problem for U.S. employers. Usually, the employee has been on board and fully trained before any fraud is discovered. Terminating an employee at this point becomes burdensome. In one case, an employer client was presented with two different Social Security numbers, …

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 …

Immigration Law is Tricky

To overcome the tricky twist and turns in immigration law,  here are some points to consider: 1) Is the visa you are applying for the right one under the circumstances? In one case a well-meaning mother applied for a B visa for her foreign born daughter.  The daughter wanted to visit her American  boyfriend.  When …

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 …

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 …

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 …