As an immigration attorney much of my day is spent answering “quick” questions from current and potential clients. I know their heart is in the right place when they ask what they think will be a simple question, so I try to be gentle when I break the news that answers are frequently much more complicated than the questions when it comes to immigration law. So, I thought it might be useful (and interesting) to discuss some of the most common ones. (As always, this post is for informational purposes only and should not be taken as legal advice. We strongly recommend consulting an experienced immigration attorney for legal advice and guidance.)
Read moreA Revealing Conversation: An Introduction to Immigration Issues HR Managers Must Have on Their Radar
Hiring, payroll, health insurance and 401k administration, employee satisfaction, training, I-9 compliance, workers comp, state and federal regulations to follow—human resources personnel must be able to juggle a variety of functions. And on top of all these, HR is also usually tasked with acting as liaison and point-of-contact between foreign national employees and immigration counsel. For HR staff who don't have prior experience in immigration, it can all seem overwhelming and daunting, especially all those acronyms!
Read moreTravel Report: VSC at Essex Junction
“So Ashley, what surprised you most about today's visit to VSC?” I ask.
We’ve just ended the annual stakeholder’s event at the new location of the Vermont Service Center (VSC) of US Citizenship & Immigration Services (USCIS), where we get to meet officers of the VSC face-to-face and ask them, “What the heck were you thinking when you issued a request for evidence on my last case?” (Just joking.) Rather, it’s a time for those with a vested interest or who are significantly impacted by the decisions that come out of the VSC (i.e., the “stakeholders,” which includes immigration lawyers) to visit the VSC and participate in informational sessions. Jen reported about last year’s event.
“I think it would have to be the five million pieces of mail that they reported were sent out last year…”
Read moreA Site Visit? What the L?
Site visits aren’t just for H-1Bs anymore. At the June 2014 American Immigration Lawyers Association (AILA) Annual Conference in Boston, it was announced that the typical site visits many H-1B employers have grown accustomed to are now being extended to companies who employ L visa holders. (Manny discussed the other issues covered at the conference.) We’ve already heard reports of this phenomenon from some employers and their immigration attorneys.
To give these site visits some context, in 2009 the Department of Homeland Security’s Office of Fraud Detection and National Security (FDNS) substantially increased investigations of employers who file H-1B petitions. Since they had allotted funds from the $500 fee each employer pays for their new H-1B employee, they ramped up their visits to the H-1B petitioning companies in order to verify the information provided in the H-1B petitions.
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