ICE Releases G-123A, Worksheet For Oral Report
ICE released the Form G-123A, Worksheet for Oral Report – Company, for complaints to DHS on a company’s employment of unauthorized workers.
ICE released the Form G-123A, Worksheet for Oral Report – Company, for complaints to DHS on a company’s employment of unauthorized workers.
The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.
Both employees and employers can benefit from elaws.
New Online Resource Provides Enhanced, Easy-to-Access Guidance for Employers and Employees
Rajiv Saab, I have used your firm a few times in the past 3-4 years mailnly for H1 queires and a couple of times to take general legal opinion on Immigration. All the times I interacted with your firm, I found you and your staff very polite, helpful and professional. Fortunately all the cases very successful with your help. Along with you I would like to thank Anna Baker and Leslie Hager for their support. Wish you all the best and hope many others will be benefited through your firm.
Mr. Rajiv Khanna helped us alot with our company's green cards and H-1B extensions. It was great working with Anna & Rena in the H-1B department and also in the green card department Seema, Richa, Prerna & Matthew helped us with PERM and I-140. Last but not least I would like to thank Leslie for scheduling the calls.
Questions and Answers
Q. Do employers need to complete new Forms I-9 for retired employees who were originally hired before Nov. 7, 1986, and who come back to work after retiring?
USCIS releases revised edition of the M-274, Handbook for Employers, Instructions for Completing Form I-9 (Employment Eligibility Verification Form) from USCIS.
Jan. 18, 2011
Recent GAO report also cites improvements to the E-Verify Program
Validation Instrument for Business Enterprises (VIBE) Program |
[Federal Register: February 16, 2011 (Volume 76, Number 32)]
[Notices]
[Page 9034-9038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe11-78]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2011-0007]
1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.
Our employee XYZ has arrived in the US. However, it appears that because of the job market in the US, he is going to return home to his old job. I know you said they are allowed to return back to USA at a later date if they choose to work for us down the road. But my question is how long may he stay without getting paid until he must return home? I know you sent me information about benching, stating:
Q. What is the law regarding the benching of H-1 holding employees?
A. The law does NOT permit benching without full salary payment by the employer. The only exception is that when an employer first hires an employee on H-1B they are allowed an initial period of 30 or 60 days during which the employee does not have to be paid while on bench.
i. If the employee is currently in USA and adjusts status or transfers from one employer to another within USA - the bench-without-pay period is 60 days from the date of approval of the petition by INS.
ii. If the employee is entering USA from abroad, the period is 30 days from the date of entry into USA.
If I'm interpreting this correctly, we must pay him no later than day 30 of his arrival here in the USA?
There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.
Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.
Status
Dear Rajiv, we are small business firm with few h1b workers. I have few questions that I would like to get your advise:
a) Do we need to file a separate labor petition whenever a h1b worker moves to an different project location?
Quote:
1. If an employee is on a H1 they cannot have a 10% pay cut unless their H1 was amended and refiled.
What if an employer is indicted on multiple counts and he is cleared of all other charges but he pleads to a conspiracy charge with home detention for a few months as his punishment. How does this effect pending cases at his business?
That depends upon whether or not the conspiracy was in fact in relation to the pending cases. For example, if the fraud/conspiracy involved non-payment of H-1 employees, that should have no affect on pending green card cases.
If a new start-up IT consulting company wants to transfer H1 of a prospective employee who is already on H1 and working for his current H1 sponsor, what are the issues and feasibility for such a transfer?
How can such a start-up IT consulting company go about hiring AC21 eligible folks on EAD? May this is the safest route in the beginning until the company gets more employees and grows revenue?
Will the AOS of the prospective employee be safe if he is the only employee of this company in the beginning. Of course the company wants to expand in the future but has to start somewhere.
H-1 by Start-up Companies
Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv and published by American Law Institute- American Bar Association, October 2009 issue of "The Practical Lawyer".
I was impressed by the clarity of expression and the fairness exhibited by the Attorney. I would certainly like to hire him once I get things done from my side