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When Software Consulting and Staffing Companies ‘Engage in Software Development’
It appears there is a valuable lesson to be learned from recent cases in North Carolina and Texas. Both emanate from actions by software consulting/staffing companies that were engaged in the business of placing consultants at third party client sites. [...]
The Use of Per Diem Payments by IT Consulting Companies and Staffing Agencies
The IRS explains Per Diem as an allowance paid to employees for lodging, meals, and incidental expenses incurred when travelling. This allowance is in lieu of paying their actual travel expenses. However, that is not the way per diem is [...]
Ensuring Your H-1B Cap Subject Petition is Properly Filed
H-1B Cap Season has started and we ensure your H-1B Petitions are filed with great attention to detail, thereby maximizing the chances of getting your petition accepted. Find out how you can stay on top of the “random selection process” or H-1B lottery.
My Immigration Wishlist
This morning I sat down to read the history and progress being made on Comprehensive Immigration Reform. After I had finished, I realized there were a number of areas in Business Immigration where I would like to see immigration reform [...]
Numerical Limitation and Per Country Cap for Employment based Immigrants Causes Severe Backlog
A group of teachers, originally from India, is meeting with their Senator to see if anything can be done to expedite their permanent residency process. I assisted them with their Labor Certification process 8 years ago. Visa Numbers for the [...]
Invalidation of Labor Certifications – What happens when the USCIS second guesses a certified PERM Application?
Invalidation of Labor Certification by the DHS/Consulate (USCUS) is rare. At least two types of invalidations have occurred recently, both by the Nebraska Service Center of the USCIS. Authority can be traced to the regulations at 20 C.F. R. § 656.30(d): (d) [...]
PERM Denied – Foreign Language Requirement Not Included in Recruitment
I had a client call me last week with a denied PERM application. His Attorney (the one representing his employer), however, had told him that the DOL had erred and that the denial would be overturned. The reason apparently was [...]