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Hike in Fees for Certain H-1B and L Visa Petitions |
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Written by Jordana Hart
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Friday, 20 August 2010 |
On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which increases certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.
These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:
• Initially to grant an alien any of these nonimmigrant statuses; or
• To obtain authorization for an alien having such status to change employers.
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Last Updated ( Friday, 20 August 2010 )
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Latest H-1B Cap Count: You can Still Apply |
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Written by Jordana Hart
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Thursday, 19 August 2010 |
The USCIS reports it has received a total of 29,700 H-1B petitions against the cap of 65,000 H-1B visas as of August 13, 2010. It has received a total of 12,300 advanced degree H-1B petitions against the advanced degree visa limit of 20,000.
This latest cap count shows relatively slow movement since the report a month ago, which showed a total of 25,300 regular H-1B received and 11,000 advanced degree petitions received. |
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Last Updated ( Thursday, 19 August 2010 )
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DOL Orders a Million Dollars in Back Wages Paid to H-1B Workers |
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Written by Jordana Hart
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Wednesday, 18 August 2010 |
Smartsoft International Inc., a computer consulting company based in Suwanee, Ga., has agreed to pay nearly $1 million in back wages and interest to 135 nonimmigrant workers temporarily employed by the company under the H-1B visa program, according to the U.S. Department of Labor's (DOL) Office of the Solicitor. The DOL reached this agreement following a determination by the department's Wage and Hour Division that the company violated the H-1B program's rules. Smartsoft International also has U.S. offices in Sunnyvale, Calif., and North Brunswick, N.J.
"Workers deserve to receive the full wages for which they have worked so hard. That is not just a matter of decency and common sense, it's the law," said Secretary of Labor Hilda L. Solis. "The resolution of this case underscores the Labor Department's commitment to enforcing our nation's employment laws, including those designed to protect H-1B program participants."
A Wage and Hour Division investigator determined that some employees were not paid any wages at the beginning of their employment, were paid on a part-time basis despite being hired under a full-time employment agreement, and were paid less than the prevailing wage applicable to the geographic locations where they performed their work.
The company contested the Wage and Hour Division's conclusions and requested a formal hearing with the Labor Department's Office of Administrative Law Judges. As part of this agreement, the company will drop any further challenge.
The H-1B program allows employers to hire nonimmigrant workers in specialty occupations. The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Labor Department that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wages paid to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment, whichever is greater.
The department's Office of the Solicitor provided legal support to the Wage and Hour Division in this dispute. For more information about this investigation, contact the Wage and Hour Division's Atlanta District Office, 61 Forsyth St. SW, Room 7M10, Atlanta, GA 30303; telephone 404-893-4600. For more information about the H-1B visa program, call the Labor Department's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at http://www.dol.gov/whd.
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Last Updated ( Wednesday, 18 August 2010 )
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Copyright 2006 - David J. Hart, PA The information contained herein is provided for informational purposes, it does not constitute legal advice nor is it to be construed as establishing an attorney-client relationship. Consult directly with an attorney before making any decision as to how to proceed with your case. For individualized and specific assistance, you may schedule a personal, telephonic or web consultation with one or our attorneys. Please call us at 305.577.9977 or send an e-mail to: dhart@immigrateusa.com
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