Posts Tagged ‘Work Visa’

Immigration Reform Bill 2013

April 18, 2013 2 comments

Below is a summary of some of the changes proposed in the Immigration Reform Bill negotiated and proposed by the “gang of eight” in April 2013:

1. Pathway to citizenship for undocumented immigrants who continuously live in US from Dec. 31, 2011

2. Pathway to citizenship for  immigrants deported for non-criminal reason with close family ties to US

3. No cap for work visa (H1B) for highly-skilled workers

4. Increase visa cap for low-skilled workers

5. Harsher punishment for employers who knowingly violate immigration policy

6. Strengthen border security and control

7. Visa for entrepreneur to start business


Documents That Shows Extraordinary Ability (EB1/O-visa)

May 30, 2011 Leave a comment

Whether applying for EB1 green card or O-visas, one of the question I am often asked is what documents shows “extraordinary ability.” Below is a list of documents I often suggest clients to look for and consider when judging whether they qualify for visas that requires “extraordinary ability.”

1. Internationally acclaimed award/prizes

2. Membership in prestigious associations

3. Publications in major journal or well recognized mass media

4. Publications about you or your work in major journal or mass media

5. Participation as judge in your field of work

6. Leading role in distinguished organization

7. Commercial success

8. High salary compared to other

9. Reference letter from well recognized clients, colleagues, or business partners

10. Display/Performance of work in prominent space

Civil Penalties for Hiring Illegal Immigrant

May 12, 2011 1 comment

Due to President Obama’s recent speech, there are a lot of attention on immigration issues. One of the main issue of interest is the policy on hiring immigrants. The other posts on this blog have some information on how to apply, who can apply, and how long it takes to apply for different work visa. This post will be dedicated to discussing the penalties of hiring ILLEGAL immigrants.

Illegal immigrants are loosely defined as immigrants who does not have the authorization to work in the US. This can be individuals who illegally entered the US or individuals entered the US with a visa that does not allow them to work. The punishment for knowingly hiring an illegal immigrant is set out by Sec. 274A(e)(4)(A) of the Immigration and Nationality Act (INA):

(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,

(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or

(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
There may also be more charges based on Sec. 274A(e)(5):
With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations.
In addition, any company or individual who is found to have violated the law by knowingly hiring an illegal immigrant will face higher level of scrutiny when sponsoring future employee for visa or green card. All together, for first time violators, the fee and penalty is not overly severe (especially compared to the amount in fees to legally hire an alien); however, if after one does not change one’s practice after found to have violated the law, the penalties increase drastically and the Attorney General may proceed with a criminal complaint if Attorney General found that there is a pattern of violation.

Visa: H1B Cap (Fiscal Year 2012)

April 19, 2011 3 comments

As of April 15th 2011, USCIS received 7,100 petitions for regular cap and 5,100 for master’s exception for the fiscal year of 2012. These figures represent a decrease as compared to last year. For the fiscal year of 2011 (last year), the cap was filled in January 2011. The USCIS will continue to accept FY2012 H-1B cap cases until the quota is met. This post will be periodically updated to reflect the up-to-date information on the cap.

FY 2012 H-1B Cap Count (UPDATED 08/25/2011!!!)

Cap Type  Cap Amount  Cap Eligible Petitions  Date of Last Count
H-1B Regular Cap 65,000 32,200 09/09/2011
H-1B Master’s Exemption 20,000 16,700 09/09/2011

LCA Denial: FEIN Could Not Be Verified

March 29, 2011 Leave a comment

The first step to applying for many work visa (H1B, H1B1, and E3) is the filing of the Labor Condition Application (“LCA”). One common problem faced by companies of all sizes is a denial because Labor of Department (“DOL”)could not verify the FEIN number. Unfortunately, the current remedy for this problem is to provide the DOL with one of the following documents:

(1) Documentation from IRS noting assignment of FEIN.

(2) Federal or State tax return (only acceptable with a pre-printed label) or a pre-printed tax coupon.

(3) Documentation from employer’s financial institution showing employer’s FEIN.

(4) Articles of incorporation, business license, or other certifications of business existence.

(5) Secretary of State registration.

(6) Official and/or government documents.

(7) Other documentation showing the FEIN and name of the employer.

Due to the common occurence of this problem, I would suggest all company that is preparing to file for an LCA to prepare the documents listed above. This would not only save time but help avoid anxiety later in the process when facing a denial.

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