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H-1B1, E-3 Nonimmigrants Eligible for 240 Days Continued Employment When Extension Application is Pending
January 19, 2016
DHS has published a final rule revising regulations affecting H-1B1, E-3, CW-1 Nonimmigrants and EB-1.2 Outstanding Professors and Researchers Immigrants. H-1B1 and principal E-3 nonimmigrants, whose status has expired while their employer’s timely filed extension of stay request remains pending, will now be authorized to continue employment with the same employer for up to 240 days.
Additional H-1B and L-1 Filing Fees Imposed for Certain Employers
December 28, 2015
On 12/18/15, President Obama signed into law the Consolidated Appropriations Act, 2016, the omnibus appropriations bill for 2016. Under the new law, employers that employ 50 or more employees in the United States, and where more than 50% of such employees are working under H-1B or L-1 status, will be required to pay an additional filing fee of $4,000 for H-1B petitions (including H-1B extensions), and $4,500 for L-1 petitions (including L-1 extensions).
Border Security Fee $2,000 and $2,250 For H-1B and L-1 Petitions Is No Longer Required
October 5, 2015
Provisions imposing the ‘border security fee’, an additional filing fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1 petitions has lapsed on October 1, 2015. Petitioning employers who employ 50 or more employees in the United States, and 50% of whose employees are in H-1B or L-1 status are no longer required to pay the border security fee for H-1B and L-1 petitions filed on or after October 1, 2015.
Infosys Pays Record $34 million to Settle Allegations of Systemic Visa Fraud and Abuse of Immigration Processes
October 31, 2013
The U.S. Justice Department has announced that Infosys Corporation has agreed to a civil settlement of allegations of systemic visa fraud and abuse of immigration processes. The settlement agreement requires Infosys to make a payment to the United States of $34 million, said to be the largest payment ever levied in an immigration case. The allegations against Infosys included that it knowingly and unlawfully used B-1 visa holders to perform skilled labor in order to fill positions in the United States for employment that would otherwise be performed by United States citizens or require legitimate H-1B visa holders.
CW-1 Visa Classification: DHS Sets Limit of 14,000 for FY 2014
October 03, 2013
The Department of Homeland Security (DHS) has recently announced a limit of 14,000 nonimmigrants for fiscal year (FY) 2014 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. The CW-1 program allows employers in the CNMI to apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act (INA). The numerical limit applies only to CW-1 principals and does not directly affect persons currently holding CW-2 status.
USCIS Temporarily Suspends Adjudication of Most H-2B Petitions
April 05, 2013
USCIS has announced that effective March 22, it is temporarily suspending adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers. This development follows a Court order entered on March 21, 2013 that granted a permanent injunction against the operation of the portion of the Department of Labor’s (DOL) 2008 H2B wage rule related to certain prevailing wage determinations. Meanwhile, DOL has also published a notice in the Federal Register delaying the effective date of the “Wage Methodology for the Temporary Non-agricultural Employment H-2B Program” final rule (2011 H2B Wage Final Rule), in order to address legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year 2013. The effective date of the rule is now delayed until October 1, 2013.
Indian National Pleads Guilty in Fraudulent H1B Visa Scheme
March 27, 2013
An Indian national has pleaded guilty to five federal charges for his participation in a fraudulent scheme to obtain false H-1B visas for foreign workers. It is reported that the Indian national executed a fraudulent scheme by submitting materially false documents to obtain H1B visas for foreign nationals seeking employment in the U.S. He has also agreed to pay restitution to any victims harmed by his fraudulent conduct, and the final restitution amount will be determined by the court.
Sen. Grassley introduces H-1B and L-1 Visa Reforms Bill – Proposes Additional Requirements for H1B and L1 Approvals
March 21, 2013
On March 18, 2013, Senator Chuck Grassley and Senator Sherrod Brown introduced a bill that they claim will bring reforms to the H-1B and L visa programs. The proposed ‘H-1B and L-1 Visa Reform Act of 2013’ requires all companies to make a good faith effort to hire Americans first. The bill comes just days after more than 100 executives from the technology sector called on President Obama and the Congress to approve legislation to reform the country’s high-skilled immigration system, to make it a more open and flexible one that welcomes highly-skilled workers.
New E Visa Processing Instructions for Mission Italy
August 20, 2012
The US Embassy in Italy has published new E visa processing instructions for Mission Italy, and has announced that effective August 15, 2012 all E visa submissions must comply with the new procedures. The Embassy has also announced that the maximum E visa packet size is 40 pages, and all documents submitted must be in English or Italian, and must be germane to the case. Review of applications will begin only upon receipt of a complete application, and applications that are not complete, including the original receipt of the processing fee, will be returned via Mailboxes Etc. Companies submitting applications for multiple employees have also advised to submit only one E visa packet for all applicants.
Employer ordered to pay Back Wages of about $253,000 for violation of H-1B Wage Laws
May 25, 2012
ALJ has recently held in a matter that the respondent-employer had violated H-1B Wage Laws and ordered them to pay $253,888.92 in back wages to 16 former H-1B employees, along with $72,450 in civil money penalties. Further, claims of two more former H-1B employees were remanded to the Lawrenceville New Jersey Wage and Hour Office for a determination of their applicable prevailing wage during the relevant period.

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