The Wage and Hour Division of the U.S. Department of Labor’s Office investigated Smartsoft International Inc, a computer consulting company based in Georgia and found the company was not paying their 135 nonimmigrant workers their earned wages as required under the H-1B regulations. The H-1B nonimmigrant visa program sets certain…
MVP “Q & A Forum” – This Friday, October 1st, 2010 We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer…
Opas Sinprasong came to the U.S. from Thailand on an E2 Non-Immigrant Principal Investor visa to run his restaurants all over Colorado. He began bringing over Thai nationals to work in his restaurants because of their specialized skills. Sinprasong then began his fraud; he first made his workers pay a…
In the recent Court Case (No. 10-22072) Gerardo Alvarado sued Carlos Albizu University for breach of contract and “breach of the duty of good faith and fair dealing.” He was working at the University on an H-1B visa in 2006 when he was promoted to Interim Director of the Business…
Are you currently on B1/B2 visitor status and would like to attend a U.S. school? Under the current regulations anyone with B-1/B-2 status may not study in the US. It is required that they first obtain F-1(academic student) or M-1 (vocational student) status. To apply for a change in status:…
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Chief Executive Officer.” An Audit Notification was issued by the CO on April 28, 2006 requesting documents showing the company’s finances,…
The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of September 1, 2010. If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case. Administrative Appeals Office The current processing time for an I-129 H-1B Appeal…
US Citizenship and Immigration Services (USCIS) has partnered with the National Park Service (NPS) in recognition of Constitution and Citizenship Day on September 17. Over 9,000 candidates will be naturalized; candidates across twenty-two (22) national park sites will be naturalized between September 13 and September 24. Some of the highlights…
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Assistant Manager.” The Employer originally stated on the ETA Form 9098 that the position required a high school education and 24…
The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap. As of September 17, 2010, 38,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap. As of September 17, 2010,…