Tag: H-1B visa

Employers’ Immigration Law Update – September 2014

Jackson Lewis Law firm

ICE Levies $2M Fine against Hotel for I-9 Related Violations

A Salt Lake City-based hotel will have to pay nearly $2 million for hiring unauthorized workers, including illegal aliens. The hotel will avoid criminal prosecution in exchange for its full cooperation with a U.S. Immigration and Customs Enforcement investigation and for taking action to correct its hiring practices. According to the non-prosecution agreement, several lower-level employees and mid-level managers conspired to rehire unauthorized workers amidst an administrative audit of I-9 employee verification forms that began in September 2010. The hotel was notified that 133 employees were not authorized to work in the United States; however, the conspirators created three temporary employment agencies, essentially shell companies, to rehire 43 of the unauthorized, and most of the workers returned under different names using fraudulent identity documents.

$300K for H-2B Violations

According to a Department of Labor announcement, the agency has charged a landscaping company with violating federal law by failing to hire U.S. workers, and for underpaying temporary foreign workers. The company will pay $280,000 in back wages to 80 workers and nine job applicants and $20,000 in civil money penalties.

Immigration Reform Update

With comprehensive immigration reform legislation no longer a realistic possibility for the foreseeable future, advocates for reform have shifted their focus to executive actions the President may take unilaterally to implement changes in immigration policy.

The President reportedly is considering broad use of executive action, granting relief potentially to up to 6 million undocumented individuals, similar to what has been provided under the administration’s Deferred Action to Childhood Arrivals program (DACA).

Building off of DACA, the President has directed the Department of Homeland Security to review the administration’s immigration enforcement policies and recommend additional changes, possibly expanding the deferred action and work authorization to family members of U.S. citizens and lawful U.S. residents. The administration reportedly also is looking at possible changes to current law and regulation that could benefit employers.

Any unilateral action by the administration likely will be controversial.

Owner Liable for H-1B, J-1 Costs

The owner of several medical clinics is personally liable for back wages and the costs of physicians’ H-1B visas and J-1 waivers, the Court of Appeals for the Sixth Circuit has ruled. Kutty v. DOL, No. 11-6120 (6th Cir. Aug. 20, 2014). The Court held Dr. Mohan Kutty and his medical clinics violated H-1B provisions by having physicians cover the costs of their own H-1B visa petitions and related J-1 visa waivers.

The Rush to File H-1B Visa Petitions for the Next Fiscal Year Quota Starts April 1, 2013

The Immigration Practice of  Barnes & Thornburg LLP recently had an article featured in The National Law Review regarding H1B Visa Petitions:

Barnes & Thornburg

 

In less than three months, the fiscal year 2014 H-1B quota filing starts on April 1, 2013. This applies primarily to first time H-1B applicants but also to those who already have H-1B status and wish to change jobs from a quota-exempt employer to a quota -subject employer. The actual employment start date in H-1B status cannot be prior to Oct. 1, 2013, the date when the FY 2014 H-1B quota goes into effect.

Please note that with an improving economy the rush to file on April 1 in an attempt to secure a visa before the quota is depleted is expected to be even greater than last year. The H-1B quota for fiscal year 2014 will be limited to 65,000 visas with an additional 20,000 visas for graduates of U.S. institutions of higher education with a master’s degree or higher. The quota has been met quickly in years past and it is possible that this year it will be met in a matter of weeks, if not days. Now is the time to review your visa-dependent staff, including students on OPT who will need an H-1B visa in order to continue employment after their OPT expires. A prudent approach would be to contact immigration counsel no later than the end of January to allow for all the documents and steps in the process to be completed in preparation of an April 1, 2013 filing date.

© 2013 BARNES & THORNBURG LLP

2013 H-1B Visa Cap Closing Soon

The National Law Review recently published an article by Kimberly A. Clarke, Nina Thekdi, and Luis E. Avila of Varnum LLP regarding 2013 H-1B Visa Caps:

Varnum LLP

As of June 1, 2012, approximately 10,000 H-1B visas remain within the fiscal year 2013 H-1B cap. This indicates that the cap will likely be reached within the next few weeks.   Employers will then need to wait until April 2013 to file new H-1B visa for an October 1, 2013 start date.

This H-1B cap limitation does not apply to extensions of H-1B status or those obtaining H-1B status to teach at colleges, universities, related nonprofit or government research organizations or J waiver physicians.

If your company has potential new H-1B candidates such as international students in their OPT work authorization period or foreign candidates, please contact us to prepare H-1B petitions for these individuals as soon as possible to secure an available visa.

© 2012 Varnum LLP

Employers Urged to File H-1B Petitions Without Delay

Increased demand over previous years could see H-1B visas exhausted by June 2012 or earlier.

U.S. Citizenship and Immigration Services (USCIS) announced that as of April 27, U.S. employers have filed for 29,000 H-1B visas subject to the regular cap of 65,000 and 12,300 H-1B visas subject to the U.S. Master’s degree cap of 20,000 for FY2013. USCIS began accepting H-1B petitions on April 1, 2012. Approved petitions would authorize the employment of H-1B workers starting on October 1, 2012, or thereafter.

H-1B visas for this fiscal year are being used at a significantly increased rate from previous years. By comparison, for FY2012, 8,000 regular cap H-1B visas and 5,900 U.S. Master’s degree cap H-1B visas had been allotted by April 27, 2011. This increased rate of usage reflects the gradual improvement of the U.S. economy, as the demand for H-1B visas rises and falls in response to current economic conditions.

Type Cap Amount Cap Petitions Filed Date of Last Count
H-1B Regular Cap 65,000 29,200 04/27/2012
H-1B Master’s Degree Exemption 20,000 12,300 04/27/2012

Implications

We recommend that employers contemplating the hire of an H-1B worker file the petition with USCIS as soon as possible. Although it not possible to predict the exact date that either H-1B cap will be reached, at the current rate of usage, H-1B visas in either category will likely be exhausted much earlier than last year, perhaps as early as this summer.

Copyright © 2012 by Morgan, Lewis & Bockius LLP

2013 H-1B Visas

Posted in The National Law Review recently was an article by Kimberly A. Clarke, Nina Thekdi, and Luis E. Avila of Varnum LLP regarding H1B Visas:

Varnum LLP

Employers may first apply for 2013 H-1B visas for individuals not currently in H-1B status on April 2, 2012 with a start date of October 1, 2012.  While the 2012 H-1B visa cap for individuals not currently in H-1B status was not reached until November 2011, in previous years the cap has been reached within the first five days applications were accepted.

This H-1B cap limitation does not apply to extensions of H-1B status or those obtaining H-1B status to teach at colleges, universities, related nonprofit or government research organizations or J waiver physicians.

If your company has potential H-1B candidates working on post-education employment authorization that will expire prior to October 1, 2013, please contact us to prepare H-1B petitions for these individuals as soon as possible to secure an available visa.

© 2012 Varnum LLP