Before I answer this question, I want to run the following real world examples by you: Years before being acquired in a Billion dollar deal, his mom, a teacher at a Manhattan private school, thought her son was getting distracted at school but really liked computers and had a lot of great ideas. So, she [...]
I read with sadness the passing of Shakuntala Devi (November 4, 1929 – April 21, 2013); India’s ‘human computer’ was accorded Permanent Resident status by US Immigration in 1996, but not without a tough Request for Evidence (RFE) and a bit of dallying. I met Devi on a summer afternoon when she dropped by to [...]
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. In the first case, an Indian national pleaded guilty on March 20th for his role [...]
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 treated by some in the IT Consulting/Staffing industry. Under an arrangement with the employee, the [...]
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.
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 and change. I started to list them and felt it would be best to share [...]
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 Employment Based Third Preference Category (EB-3) are severely backlogged. I am sure they are not [...]
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) Invalidation of labor certifications. After issuance, a labor certification may be revoked by ETA using [...]
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 the non-inclusion of a language requirement in the recruitment advertisement. I was surprised by the [...]