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About kidambilaw

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So far kidambilaw has created 49 blog entries.

20 years, 1,200 Artists, 10 days, 1 Festival! Our Dedication to the P-3 Visa Process

2018-03-15T15:36:56+00:00Mar 15, 2018|

Every year, over 8000 people attend the Cleveland Festival popularly known as the “Cleveland Thyagaraja Aradhana”. The schedule of the ten-day festival includes the who’s who of Indian classical music and dance, and brings together a tremendous outpouring of support from Indian cultural connoisseurs from all over the U.S. This year's Festival is dedicated to [...]

New Policy Memo Warns of Things to Come!

2018-02-26T12:35:23+00:00Feb 26, 2018|

Introduction: On February 23, 2018, the USCIS issued Policy Memo PM-602-0157 (PM). It rescinds outright certain earlier memos and supersedes others and seeks to add to and complement the Neufeld Memo (“Determining the Employer-Employee Relationship for Adjudication of H-1B petition, Including Third-Party Site placements”). The following memos are no longer valid: “Contracts Involving H-1B Petitions” [...]

5 Things to Remember During this Year’s H-1B CAP filing

2018-01-30T12:11:56+00:00Jan 30, 2018|

H-1B CAP season is upon us once again. It is time to recap and highlight some of things to bear in mind. Filing Your H-1B With the Correct Service Center In October last year, the USCIS made several changes to how certain H-1B petitions were to be filed. Two important changes were made to the [...]

The Link Between Immigration and Innovation[1]

2017-12-12T11:57:24+00:00Dec 12, 2017|

I read with interest an article in the NY Times by David Leonhardt entitled, Lost Einsteins: The Innovations We’re Missing; the basis for the Article is  a study by The Equality of Opportunity Project. The study seeks to analyze the lives of more than one million inventors in the United States to understand the factors [...]

The H-1B is Dead! Fake News, or Reality?

2017-11-16T14:56:04+00:00Nov 16, 2017|

From all indications, it is now apparent that the Trump administration policies have taken extraordinary precedence over business interests and long-established Service policy when it comes to the H-1B Visa. All year long, the administration has waged a silent and sometimes insidious battle to shut down the legitimate use of this visa category. It all [...]

Expanded Interview Could Create More Delays and Chaotic Outcomes for Employment Based Immigrants

2017-08-31T09:22:21+00:00Aug 31, 2017|

Unsurprisingly, the current administration continues to explore options to target all forms of immigration for singular attention. Unfortunately, employment based immigration, which has largely escaped scrutiny is now under the magnifying glass! For as long as I can remember, USCIS has been increasingly overwhelmed by their workload contributing to slower and slower immigration processing times. [...]

Why I Care Who Immigrates to these United States

2017-08-18T10:09:29+00:00Aug 18, 2017|

Recently, I read an article entitled, “Why, as an immigrant, I am not outraged by Trump’s immigration proposal”. The clickbait worthy title aside, I found the very notion that a fellow immigrant would not feel outraged by a reduction in overall immigration to the United States selfish, abhorrent and wholly lacking in compassion. I commented [...]

Hourly Salary and Vacation Pay in the H-1B Context

2017-08-04T13:44:40+00:00Aug 4, 2017|

A client pays all employees on an hourly basis. This includes U.S. Citizens, Permanent Residents and Non immigrants in H-1B status. The Employer honors the minimum salary (required wage) commitment as specified on Form I-129. Earlier this week, this employer received an email from an employee which ran thus: I am not sure I can [...]

When is Employment Terminated in the H-1B Context?

2017-07-26T11:35:47+00:00Jul 26, 2017|

One of the key elements of an employment relationship for H-1B purposes is the employer’s obligation to pay the required wage until employment is terminated. Several employers assume that termination is effective on the last day of employment. In fact, employers will issue a letter with an “effective date” of termination hoping to stop their [...]