Immigration Articles

This category contains 48 posts

The Link Between Immigration and Innovation[1]

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

The H-1B is Dead! Fake News, or Reality?

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

U.S. Consulate Asks, “Did You Exclude Americans When Hiring H-1B Workers?”

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

Expanded Interview Could Create More Delays and Chaotic Outcomes for Employment Based Immigrants

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

Why I Care Who Immigrates to these United States

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

Hourly Salary and Vacation Pay in the H-1B Context

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

When is Employment Terminated in the H-1B Context?

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

A Theoretical Physicist and Futurist Predicts the H-1B Visa is the Way of the Future!

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

H-1Bs are Pawns in the Larger Debate on Immigration

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

Executive Order May Have No Immediate Effect on the H-1B Program

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

Saint Thyagaraja Rocks the U.S.!

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

The H-1B CAP – A Broken System in Need of Fixing

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

Should I Allow the CBP to Search my Smartphone/Laptop?

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

Document Carrying Requirements for Non-immigrants and Permanent Residents

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

H-1B CAP – Should I, or Should I Not File?

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

Federal Employment Taxation on Wages Paid to a Foreign Student

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

New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 3

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

New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 2

  Summary and Nonimmigrant Visa Rules These regulations have been long awaited and codify certain sections of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) AND the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). This final rule clarifies and improves certain policies and practices in this area—policies and practices that … Continue reading

New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 1

On January 17, 2017, new rules[1] will go into effect to amend, “modernize and improve” certain aspects of the employment based immigrant and nonimmigrant visa programs. Administrative law requires that a Federal Agency (such as the Department of Homeland Security) first publish a Notice of Proposed Rule Making (NPRM) and solicit comments prior to enacting … Continue reading

Immigrants Must Challenge the Status Quo on Immigration Reform

Over the weekend, I was listening to NPR’s TED Radio Hour with Guy Raz and it featured a rebroadcast of a TED Talk given in September by NALP (New American Leaders Project) President and Scholar, Sayu Bhojwani entitled, “How Immigrant Voices Make Democracy Stronger”. As I listened, I paused at a question asked by Guy, … Continue reading

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Kidambi & Associates, P.C, is a full service immigration law firm based in NY tri-state area. The Firm has extensive experience in the field of immigration law and blogs here on various immigration related topics.
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