Every year, over 8000 people attend the Cleveland Festival popularly known as the “Cleveland Thyagaraja Aradhana”. The schedule of the ten-day festival includes the who’s who of Indian classical music and dance, and brings together a tremendous outpouring of support from Indian cultural connoisseurs from all over the U.S. This year’s Festival is dedicated to … Continue reading
Introduction: On February 23, 2018, the USCIS issued Policy Memo PM-602-0157 (PM). It rescinds outright certain earlier memos and supersedes others and seeks to add to and complement the Neufeld Memo (“Determining the Employer-Employee Relationship for Adjudication of H-1B petition, Including Third-Party Site placements”). The following memos are no longer valid: “Contracts Involving H-1B Petitions” … Continue reading
H-1B CAP season is upon us once again. It is time to recap and highlight some of things to bear in mind. Filing Your H-1B With the Correct Service Center In October last year, the USCIS made several changes to how certain H-1B petitions were to be filed. Two important changes were made to the … Continue reading
I read with interest an article in the NY Times by David Leonhardt entitled, Lost Einsteins: The Innovations We’re Missing; the basis for the Article is a study by The Equality of Opportunity Project. The study seeks to analyze the lives of more than one million inventors in the United States to understand the factors … Continue reading
From all indications, it is now apparent that the Trump administration policies have taken extraordinary precedence over business interests and long-established Service policy when it comes to the H-1B Visa. All year long, the administration has waged a silent and sometimes insidious battle to shut down the legitimate use of this visa category. It all … Continue reading
President Trump signed his “Buy American, Hire American” executive order at a factory in Kenosha, Wisconsin, on April 18th. While doing so, he rallied his base by first bashing NAFTA and then the outsourcing of U.S. jobs and promised to “make sure that more products are stamped with those wonderful words: ‘Made in the USA.’” … Continue reading
Unsurprisingly, the current administration continues to explore options to target all forms of immigration for singular attention. Unfortunately, employment based immigration, which has largely escaped scrutiny is now under the magnifying glass! For as long as I can remember, USCIS has been increasingly overwhelmed by their workload contributing to slower and slower immigration processing times. … Continue reading
Recently, I read an article entitled, “Why, as an immigrant, I am not outraged by Trump’s immigration proposal”. The clickbait worthy title aside, I found the very notion that a fellow immigrant would not feel outraged by a reduction in overall immigration to the United States selfish, abhorrent and wholly lacking in compassion. I commented … Continue reading
A client pays all employees on an hourly basis. This includes U.S. Citizens, Permanent Residents and Non immigrants in H-1B status. The Employer honors the minimum salary (required wage) commitment as specified on Form I-129. Earlier this week, this employer received an email from an employee which ran thus: I am not sure I can … Continue reading
One of the key elements of an employment relationship for H-1B purposes is the employer’s obligation to pay the required wage until employment is terminated. Several employers assume that termination is effective on the last day of employment. In fact, employers will issue a letter with an “effective date” of termination hoping to stop their … Continue reading
I just finished reading “Physics of the Future” by Prof. Michio Kaku. In Chapter 7, Future of Wealth Winners and Losers, the Professor predicts that the future is up for grabs because innovation, rather than the type of industry is likely to decide the final outcome. He presciently claims economies that cultivate and nourish science … Continue reading
America is divided like never before on the issue of immigration. Both sides are legitimately frustrated with the status quo. However, the partisan bickering appears to coalesce and take on a uniform front when it comes to one group – non-immigrants currently in H-1B and other highly specialized worker categories (L-1, TN, H1B1, etc.). These … Continue reading
Yesterday (April 18, 2017), President Trump signed a new “Executive Order” entitled – “Buy American and Hire American.” In introducing this Executive Order Trump said, “The buy and hire American order I’m about to sign will protect workers and students like you. It’s America first, you better believe it. It’s time. It’s time, right?” the … Continue reading
The Cleveland Thyagaraja Aradhana celebrates its 40th Anniversary in a town known more for its “Rock and Roll Hall of Fame” than for celebrating Indian classical music! However, the “Aradhana” has taken root in this largely industrial town on the shores of Lake Erie and thrived. Nothing can be more Indian than the culturally unique … Continue reading
Once again, on April 3rd, the USCIS will begin accepting petitions against the FY 2018 H-1B CAP[1]. For some strange reason, USCIS suspended premium processing[2] for H-1B petitions as of April 3rd. This means, none of the H-1B CAP cases can be expedited, or adjudicated within fifteen-days. The wait adds to the uncertainty and dilemma … Continue reading
Recent travel related Executive Orders and immigration enforcement has resulted in numerous questions regarding immigrant rights. In fact, this particular question and discussion is equally applicable to Citizens and Permanent Residents. This is because the laws and constitutional protection against unreasonable search and seizure that apply to Citizens and Lawful Permanent Residents within the United … Continue reading
Over the past weekend, we received numerous emails to our Q&A section seeking clarification about the need to carry immigration documents while traveling inside the United States. In other words, what documents do you have to carry with you when you visit the neighborhood grocery store? The only time the Office put out clarification on … Continue reading
In the backdrop of the Executive Orders and H.R. 670 (H.R.670 – High-Skilled Integrity and Fairness Act of 2017), we have received several questions over the past few weeks regarding the filing of H-1B Petitions for this fiscal year (April 1, 2017). Several of you want to know if salaries are going to spike for … Continue reading
By Martin L. McCann, Esq. So, its January 2, 2017 and you’ve just hired a bright, young student. We’ll call him Jay. A citizen of India, Jay has been in the U.S. since September 1, 2012 on an F-1 Visa. He just graduated from MIT with a degree in engineering, and has applied to your … Continue reading
Immigrant Visa Rules 1. Priority Dates and I-140 Revocation: i. The final rule fills a hole in current regulations. Existing regulations establish that the priority date of an employment-based immigrant visa petition accompanied by a labor certification is established when the labor certification is accepted for processing by DOL. Those regulations, however, do not indicate … Continue reading