Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
Search
Concerns regarding nonpayment of wages and potential H-1B impact
Question details
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
FAQ Transcript
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
- File a complaint with the U.S. Department of Labor's Wage and Hour Division.
- You can file online or by phone (search for "LCA complaint US Department of Labor").
- This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
- Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
- Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.
Recording for October 24, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
Rajiv's Comments in The Times of India - Trump administration unveils 'Project Firewall' to crack down on H-1B visa abuse
Published by: The Times of India - September 23, 2025
Quotes and Excerpts from Rajiv in the article:
Critics, however, caution that the new initiative could have unintended consequences. Speaking to TOI, Rajiv S. Khanna, managing attorney at Immigration.com, said that while the goal of protecting American workers is “laudable,” the initiative risks overreach.
Proclamation Restricting Entry of H-1B Nonimmigrant Workers: A Legal Analysis of the New $100,000 Payment Requirement
Question details
Given the Proclamation's requirement for a $100,000 payment for new H-1B visa petitions, what are the primary legal and operational challenges for U.S. employers, and what legal strategies are available to mitigate potential adverse impacts on staffing and business operations?
On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers.
This Proclamation:
Rajiv's Comments in The Times of India - Senators unveil bipartisan H-1B, L-1 visa reforms bill: US educated STEM individuals to get priority in selection
Published by: The Times of India - September 30, 2025
Quotes and Excerpts from Rajiv in the article:
Rajiv's Comments in The South China Morning Post - India’s tech sector fears impact of Trump’s US$100,000 H-1B visa on US market
Published by: The South China Morning Post -23 September, 2025
Quotes and Excerpts from Rajiv in the article:
“The imposition of a US$100,000 fee on H-1B visas represents an unprecedented shift in US immigration policy,” said Rajiv Khanna, a US lawyer providing immigration advisory services to global clients.
H-1B Proclamation Analysis: Understanding the $100,000 Fee and Entry Restrictions
What We Know So Far (This info will be continually updated with new developments)
Updates October 20th, 2025 from the USCIS
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
UPDATE: USCIS Issues More Detailed Guidance on $100,000 H-1B Payment Requirement