Non-Immigrant Visas for Temporary Workers / H-1B

16 01, 2020

California Immigration Lawyer Goes to Prison

By |2020-11-14T12:49:12-06:00January 16th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B|

Published January 16, 2020 By: Richard Hanus, Esq. A California immigration lawyer was recently sentenced to 18 months in federal prison and ordered to pay back taxes for her participation in an extensive and highly profitable visa fraud scheme. The scheme involved the preparation and filing of hundreds of fraudulent work visa applications and failure to pay income tax over a 17 year period.  Mihae Park, a 54 year old attorney practicing in Laguna Beach, is due to return to court in the coming month to learn the amount of restitution she will be required to pay. From 2000 to 2017, [...]

11 08, 2019

H-1B Visas Make News in the Courts

By |2020-05-01T14:22:38-05:00August 11th, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published August 24, 2019 D.C. Federal Court Reverses H-1B Visa Petition Denial In the past week, a federal judge in Washington D.C. ruled that the U.S. Department of Homeland Security/Citizenship and Immigration Services (US CIS) must reverse its decision denying an H-1B visa petition filed on behalf of a data analyst by Lexis Nexis, a legal publishing company.  The court concluded that the petitioning employer, Lexis Nexis USA, presented sufficient evidence to demonstrate that the position qualified as a “specialty occupation” and thus was approvable for classification for H-1B visa status. U.S. District Judge Emmet G. Sullivan ruled that US CIS [...]

20 06, 2019

As Expected – Expanded Supply of H-2B Temporary Workers Visas Is Quickly Exhausted

By |2020-05-01T14:37:52-05:00June 20th, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., immigration reform, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published June 20, 2019   Ask anyone who works as a manager in the manufacturing or service industries and they will tell you that it is next to impossible to find U.S. workers to fill positions, both skilled and unskilled, and even at a competitive wage.   This speaks volumes about many societal issues, including that our economy appears to be robust, and there is a shortage of workers ready, willing and able to fill positions at companies.  The latest barometer of this state of affairs is that the expanded supply of an additional 30,000 just released visas for H-2B Temporary Foreign [...]

30 05, 2019

Social Security Administration Issues More Than 500,000 “No Match” Letters To Employers

By |2020-05-01T14:54:17-05:00May 30th, 2019|Categories: General, Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., immigration reform, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

[vc_row][vc_column][vc_column_text]Published May 30, 2019   When a company lists an employee on their payroll, pays payroll taxes and issues them a Form W-2, the federal government is officially notified of that individual's status as a U.S. worker.    For an estimated 8 million workers though, this process is an avenue through which the federal government is UNofficially notified of the employment of undocumented workers.  That is because many of these workers are either providing fake names, fake social security numbers or another person’s identification – all necessary means for the employer to offer them a job and for the worker to take [...]

19 05, 2019

Making U.S. Immigration Great Again

By |2020-05-01T15:02:45-05:00May 19th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

[vc_row][vc_column][vc_column_text]Published May 19, 2019   I started practicing immigration law in the decade that followed the Reagan era’s 1986 Immigration Reform and Control Act, the last large scale immigration amnesty in the U.S. Through this legislation, roughly 3 million undocumented, but otherwise law abiding, individuals were able to come out of the shadows and officially start their lives as U.S. lawful permanent residents. Eventually, the vast majority eventually went on to become U.S. citizens. Existing statutory avenues toward U.S. residence have allowed for approximately 1 million new permanent residents to the U.S. per year. In addition to these avenues to legal [...]

22 04, 2019

Increased Powers to BIA Judges; H-1B Visa Denials Skyrocket

By |2020-05-01T15:36:59-05:00April 22nd, 2019|Categories: Asylum in the United States, Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

  Published April 22, 2019 Department of Justice Aiming to Expand Powers of Appellate Immigration Judges The Board of Immigration Appeals (BIA) is the appellate body where a party can seek review of an Immigration Judge’s decision in an initial removal (deportation) proceeding.  The agencies overseeing the initial removal proceedings court as well as the appellate court are under the jurisdiction of the Executive Office of Immigration Review, which itself is a sub-agency of the U.S. Department of Justice.    In recent days, it has been reported that the Trump administration is considering implementation of a plan to expand the power of […]

24 03, 2019

The Top 6 Reasons to Hire An Immigration Lawyer

By |2020-05-01T15:42:07-05:00March 24th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

  Published March 24, 2019 Whether the goal is U.S. citizenship via naturalization, lawful permanent residence (green card) or the issuance of a temporary visa – such as a work visa, having an immigration lawyer be a part of the legal process can sometimes be extraordinarily helpful and in other times, absolutely essential.  The job of the immigration lawyer can best be summed up as follows:  A) to keep simple, straightforward cases…..simple and straightforward, B) to devise and implement a thoughtful strategy for cases involving more complex factual or legal issues and C) to provide a client with the type of […]

20 02, 2019

Fiscal Year 2020 – H-1B Work Visa Filings to Go Forward Per Usual and Without New Registration Process

By |2020-05-01T15:45:43-05:00February 20th, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

  Published February 20, 2019 April 1 of each calendar year marks the first day anxious employers are eligible to submit H-1B work visa petitions so as to have a chance to employ a qualified foreign worker for the start of the coming, new fiscal year – which starts on October 1.   Some of the workers are already in the U.S., including the many who have just completed their degrees and are already working pursuant to a time limited, general Employment Authorization Document, while others are abroad waiting for a chance to enter and work in the U.S.   The annual available […]

10 01, 2019

How Are Immigration Related Services and Offices Impacted By the Government Shutdown?

By |2020-05-01T15:51:06-05:00January 10th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

  Published January 10, 2019 As our nation is headed toward the longest government shutdown in our history, many of the players impacted, including companies petitioning foreign workers as well as individuals in all our immigrant communities, are asking questions about how the shutdown impacts immigration system related processing.  Can I obtain a U.S. passport?    Is my Green Card application interview in the U.S. still going to be conducted?  Can I still apply for a visa at a U.S. consular post abroad?  These and other questions are answered below – and with the answer usually dependent on whether the applicant is […]

13 12, 2018

New Registration and Lottery Process Proposed for the Upcoming H-1B Filing Season

By |2020-05-01T15:52:59-05:00December 13th, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published December 13, 2018   Each year, 85,000 new H-1B visas are released for foreign workers and their prospective U.S. employers, including 20,000 visas especially reserved for graduates of advanced degree programs in the U.S. (masters or higher, a.k.a. Masters Cap).   In recent years, during the first week of filing eligibility,  DHS/CIS receives roughly 2 ½ to 3 times the number of petitions as there are available visas.   Toward advancing the goal of giving preference for foreign workers who graduated with an advanced degree from a U.S. educational institution, DHS/CIS is now proposing implementation of a process involving 2 major changes.  […]

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