Archive for the 'General Immigration Issues' Category

H-1B Visas for Start Ups? USCIS Sending Mixed Messages for Entrepreneurs

A common question among H-1B holders is whether they can start their own company and work for it, rather than for an existing employer. The answer is: It depends. It depends on your degree, the nature of the company you want to create, your experience and expertise, the capitalization of your proposed business, your country […]

India EB-2 October Priority Date Predicted to Be 2006; Older than Hoped

More bad news for Indian EB-2 category green card hopefuls – the long-awaited Oct 1 release of the new priority date for filing applications is estimated to be for a much older date of 2006, rather than the previously predicted 2007, liaison officers of the American Immigration Lawyers Association (AILA) announced this week. Worse, the […]

No More I-94; Expect Glitches In Short Term While Government Revises Procedures

If you are an H-1B worker, that white card stapled into your passport saying how long you can stay in the U.S. and work on your H-1B visa will soon be a thing of the past. Customers and Border Protection (CBP) will be eliminating the I-94 card as part of its efforts to save money […]

Beat the Cap: Alternatives to the H-1B Visa

The run on H-1Bs using up the allotment for new visas for this year has left many scrambling for an alternative authorization to live and work in the United States until more H-1Bs become available again next year. In this article, we discuss alternatives to the H-1B visa for those who cannot apply for an […]

H-1B Body Shop Ordered To Pay More Than $740,000 in Back Wages

An H-1B IT body shop in Georgia was ordered to pay $741,288 in back wages to 73 employees who were unlawfully benched or required to pay visa and application processing fees. The Department of Labor ordered Semafor Technologies LLC in Norcross to pay the back wages following an investigation into allegations of its unlawful practices. […]

Working at a Client Site? New Consulate Requirement Exposes H-1Bs to Lifetime Ban to US

Due to a new requirement by at least one U.S. consulate in India, H-1B employees now face a new risk of a permanent bar from the United States for unlawful actions by their H-1B employers. The U.S. Consulate in Hyderabad, as shown in a document obtained by AILA, is now requiring H-1B employees who will be […]

Accepting New H-1B Clients; Hold Terminated; Attorneys Available for Phone Consultation

Attorneys Michael Brown and Vonda K. Vandaveer are pleased to announce they have lifted their temporary hold on calls and are once again available for phone consultations with H-1B workers about their issues relating to underpaid wages and/or benching. If you wish to schedule a free phone consultation about your matter, please call Attorney Vonda […]

Keeping Your Nose Clean: Refuse Your H-1B Employer’s Requests to Break the Law

The recent indictments alleging H-1B and green card fraud show the dangers that can occur if H-1B employees agree to perform unlawful acts requested by their employers. Has your H-1B employer asked you to work in a city different than the city stated in your H-1B documents?  Or, has your H-1B employer told you to […]

New Database Gives State-by-State Round Up of Immigration Laws

In recent years states have been enacting a rash of new laws addressing immigration issues that affect foreigners and U.S. citizens alike. In response, the Migration Policy Institute has created a free, searchable data base ofall immigration-related bills and resolutions introduced in state legislatures. The State Responses to Immigration database classifies information by state, region, subject area, legislative […]