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Hourly Salary and Vacation Pay in the H-1B Context
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 [...]
When is Employment Terminated in the H-1B Context?
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, [...]
A Theoretical Physicist and Futurist Predicts the H-1B Visa is the Way of the Future!
I just finished reading “Physics of the Future” by Prof. Michio Kaku. In Chapter 7, Future of Wealth Winners and Losers, the Professor predicts that the future is up for grabs because innovation, rather than the type of industry is [...]
H-1Bs are Pawns in the Larger Debate on Immigration
America is divided like never before on the issue of immigration. Both sides are legitimately frustrated with the status quo. However, the partisan bickering appears to coalesce and take on a uniform front when it comes to one group - [...]
Executive Order May Have No Immediate Effect on the H-1B Program
Yesterday (April 18, 2017), President Trump signed a new “Executive Order” entitled - "Buy American and Hire American." In introducing this Executive Order Trump said, "The buy and hire American order I'm about to sign will protect workers and students [...]
Saint Thyagaraja Rocks the U.S.!
The Cleveland Thyagaraja Aradhana celebrates its 40th Anniversary in a town known more for its “Rock and Roll Hall of Fame” than for celebrating Indian classical music! However, the “Aradhana” has taken root in this largely industrial town on [...]
The H-1B CAP – A Broken System in Need of Fixing
Once again, on April 3rd, the USCIS will begin accepting petitions against the FY 2018 H-1B CAP[1]. For some strange reason, USCIS suspended premium processing[2] for H-1B petitions as of April 3rd. This means, none of the H-1B CAP cases [...]
Should I Allow the CBP to Search my Smartphone/Laptop?
Recent travel related Executive Orders and immigration enforcement has resulted in numerous questions regarding immigrant rights. In fact, this particular question and discussion is equally applicable to Citizens and Permanent Residents. This is because the laws and constitutional protection against [...]
Document Carrying Requirements for Non-immigrants and Permanent Residents
Over the past weekend, we received numerous emails to our Q&A section seeking clarification about the need to carry immigration documents while traveling inside the United States. In other words, what documents do you have to carry with you when [...]
H-1B CAP – Should I, or Should I Not File?
In the backdrop of the Executive Orders and H.R. 670 (H.R.670 - High-Skilled Integrity and Fairness Act of 2017), we have received several questions over the past few weeks regarding the filing of H-1B Petitions for this fiscal year (April [...]
Federal Employment Taxation on Wages Paid to a Foreign Student
By Martin L. McCann, Esq. So, its January 2, 2017 and you’ve just hired a bright, young student. We’ll call him Jay. A citizen of India, Jay has been in the U.S. since September 1, 2012 on an F-1 Visa. [...]
New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 3
Immigrant Visa Rules 1. Priority Dates and I-140 Revocation: i. The final rule fills a hole in current regulations. Existing regulations establish that the priority date of an employment-based immigrant visa petition accompanied by a labor certification is established when [...]
New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 2
Summary and Nonimmigrant Visa Rules These regulations have been long awaited and codify certain sections of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) AND the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). This [...]
New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 1
On January 17, 2017, new rules[1] will go into effect to amend, “modernize and improve” certain aspects of the employment based immigrant and nonimmigrant visa programs. Administrative law requires that a Federal Agency (such as the Department of Homeland Security) [...]
Immigrants Must Challenge the Status Quo on Immigration Reform
Over the weekend, I was listening to NPR’s TED Radio Hour with Guy Raz and it featured a rebroadcast of a TED Talk given in September by NALP (New American Leaders Project) President and Scholar, Sayu Bhojwani entitled, “How Immigrant [...]
Should I Complete the I-983 When I Plan to have the Student work at an End-Client Site?
Sometimes, Attorneys have to be able to read not only what is expressly stated in the rules, but also what is carefully left out. I have had several clients calling me for the past several weeks to inquire after the [...]
When NOT to File an Amended H-1B Petition
Over the past couple of months, clients have been emailing and calling to understand when they are NOT required to file an amended petition. For instance, one caller wanted to know what would happen if the employee returns from a [...]
FAQ on filing I-485
SINCE THIS FAQ WAS RELEASED, THE VISA BULLETIN FOR OCTOBER HAS BEEN REVISED. THE NOVEMBER VISA BULLETIN IS AVAILABLE ON OUR WEBSITE AT WWW.KIDAMBI.COM Q. Why is the new (October) Visa Bulletin different? A. The visa modernization initiative announced by [...]
When Coaches Come Calling – The Comparable Evidentiary Standard in O-1 Visa Processing
Michael Jordan, Steffi Graf, the UConn Women’s Basketball Team, Deion Sanders… other than incredible success, what do think they have in common? They all had incredibly good and hardworking coaches with a knack for producing winners – Phil Jackson, Peter [...]
Simeio Solutions, LLC – USCIS Attempts to define “Material Change” in the H-1B Context
“Material change” has been a prickly issue in the H-1B context. The USCIS has been grappling with it for years. As far as back as 1988, where materiality was defined in the context of Naturalization, the legacy INS dealt with [...]