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What you will learn on the Webinar : 1 Who is responsible for attorney fees and application costs associated with the H-1B petition. 2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims. 3 When employers are required to onboard and pay the new H-1B employee. 4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status. 5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit. 6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee. 7 The three steps you must undertake to effectively terminate employment of your H-1B workers. 8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...

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Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.

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October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.

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The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.

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The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.

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The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.

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The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.

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Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.

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Research Paper Apply workers’ compensation management regulations and concepts to the following workplace scenario: You are a newly hired environmental safety and health professional for a midsized manufacturer of widgets. You currently have three manufacturing facilities in three separate, but geographically close states. Because of unprecedented growth in the widgets market, your company decides to build another factory. One out of the hundreds of indicators the executive staff is looking for is which one of their current states they operate is most employer friendly. In other words, which state treats employers and employees the same when it comes to regulatory requirements? Complete a research paper that compares and contrasts the differences between the state of Texas in which you live and two other adjacent states. In your paper, you should discuss the differences and similarities between workers’ rights in the three different states (e.g., definition of employee, wages paid, weeks of temporary disability, etc.), identify and explain the commonalities in the fundamental laws of the workers’ compensation system in the three states, interpret the resources that are available for employers in each state (e.g., monthly courses taught, written guidance, employer rights, etc.), discuss the types of coverage available to employees in each state, and argue which state is more employer friendly from an employer’s perspective when it comes to administering a workers’ compensation program. Be sure to use the tools provided by the U.S. Department of Labor, Division of Federal Employees’ Compensation (DFEC) web page. The webpage is located at https://www.dol.gov/owcp/dfec/regs/compliance/wc.htm. This page provides a link to the workers’ compensation board for each of the 50 states as well as the U.S. Virgin Islands, Guam, and Puerto Rico. In addition to this resource, you should use a minimum of two other sources. All information from these sources must be cited in APA style. This research paper must be a minimum of three pages in length and should be written in APA style. The title and reference page are not included in the page count. U.S. Department of Labor Occupational Safety and Health Administration Denver Commons Office Plaza 111 Main St., Suite 111 Denver, CO 11111 Phone: (111) 111-1111 FAX: (222) 222-2222 Citation and Notification of Penalty To: Inspection Number: 111111111 Acme Widget Factory Inspection Date(s): 04/15/2015-04/16/2015 and its successors Issuance Date: 08/21/2015 1 Factory Lane Inglewood, CO 11111-1111 Inspection Site: The violation(s) described in this citation and 1 Factory Lane Notification of Penalty is (are) alleged to have Inglewood, CO 11111-1111 occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below. This Citation and Notification of Penalty (thi ...

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In April 2013, the Senate ‘Gang of Eight’ released its proposal for overhauling our nation’s immigration system. Call the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (s.744), this bill proposes to eliminate the current immigration backlog, create new visa categories for high-skilled and skilled workers, overhaul our green card application system, and address the statuses of approximately 11 million undocumented workers in the United States. Although only a bill at this point, this is the first serious effort by a bi-partisan group to address the immigration program in quite some time. In this informative webinar, attorneys Murali Bashyam and Ame Coats will educate the public on the bill and what they can expect if it, or something similar, is ultimately passed by Congress and signed by the President.

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Effective March 4, 2013, the Department of Homeland Security will begin a new process for adjudication of these waiver applications. Under the new process, certain foreign spouses delay returning to their home country until a “provisional waiver” is approved in the U.S. The new process will drastically reduce the amount of time that the foreign spouse has to remain in his or her home country. Hopefully, the new process will also provide some measure of confidence that the foreign spouse will indeed return to the US.

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