Posts Tagged ‘houston immigration’

H-1B fraud solutions

March 7, 2016

The H-1B program has been coming under attack lately. Ted Cruz wants to put a moratorium on H-1B visa. That seems to be the Republican solution to every crisis—-stop it and put your head under the sand, and the problem will go away. Is there fraud in the H-1B program? Yes. But the way to…


The DOL, the LCA and H-1B

July 25, 2008

A precondition to filing an H-1B petition is that the Employer files a Labor Condition Application (LCA) to the Department of Labor (DOL) attesting that
they will pay the alien the prevailing wage during the period of the employment and
that they are not adversely affecting other workers by hiring,
or not replacing striking or laid off US workers with the H-1B non immigrant

The Employer is supposed to:

Display a copy of the LCA for 10 days in the business premises
Keep the LCA in a file for public access for 3 years
Provide a copy of the LCA to the H-1B employee

This condition has to be met during the entire term of the employees work until the termination of employment. Benching an employee and later rehiring that employee is not a termination and the employer has to pay the employee the full amount promised in the LCA.

If however the employee takes a leave due to a voluntary request (for example going back to the home country for some time) or for the employee’s convenience, then the employer is not required to pay the employee.

The Employer must notify the Citizenship and Immigration Services upon termination of the H-1B employee.

The DOL can and does enforce that employers abide by the terms and conditions of the LCA. Employees stiffed by their employers can complain to the DOL, who then upon determining the truth, orders the Employers to pay the back wages due to the Employee and also assess fines for non compliance.

However the DOL’s authority to enforce terms of employment only extends to the LCA. Any subsequently held contracts between employers and employees cannot be subjected to DOL enforcement. In a recent case, In the Matter of Mahmoud Ashraf Galal (2008-LCA-00010) the employee asserted that the employer’s agreement to increase the employees wage to 90K per year (when the LCA promised $65K) and the employer’s promise to pay employee work related travel expenses were contractual and the DOL did not have the authority to enforce them. The Employees should file under State Law for contractual remedies. The determination will be done under individual state law.

J-1 Student Internship

June 23, 2008

The USCIS released final regulations regarding J-1 Student Intern visa. This new visa will allow a student, enrolled in post secondary education, to intern with private or Government sector employers for training. This will provide much needed work experience to foreign students. Previously the students could only work on CPT or OPT, and the length of time was highly restrictive. In contract, USC students could enter into any number of internships. Thus US students could have a competitive advantage in graduate studies or the job market.

It is nice to note that ALL students (and not just STEM students) can avail of this situation. The OPT extension,l by contract is ONLY available to STEM (Science, Technology, Engineering and Math) students. I still fail to realize how technology cannot include Engineering. Also I am appalled by the cold world era emphasis on Science in this day and age. If one looks at great works of literature, movie, music, it is primarily produced by hyphenated Americans, (like Chinese-American, Indian-Americans, etc.) Scan the Pulitzer or Oscar list. Same is true of any Management Degree holders, whose international experience is greatly necessary for global business. Yet the government only recognizes the need for STEM students. This is so reminiscent of the Cold War. But then, so is the War on Terror.

The Politics of Immigration

June 8, 2008

The issue of Immigration has broad bi partisan support. But at loggerheads are two issues, business immigration and granting status to illegal immigrants. Business immigration laws restrict the number of immigrants that can come in for instance on the H-1B visa (professional visa) and employment based green cards. Tech companies like google and Microsoft are severely affected. This year google received more than 1 million application for jobs . They filed only 300 H-1B visas. 90 of those visas did not get accepted. Google has the reputation of being one of the best employers and hire the very best. In fact one of google founders, Sergey Brin, is an immigrant.

Responding to complaints by Google and Microsoft, both the house and senate has bills to increase the H-1B quotas and exclude people in Science, Technology, Engineering and Mathematics (STEM) from the quota.

But such bills are often not passed, and tend to be rejected by those law makers who believe that there is more pressing need to legalize illegal immigrants rather than do something about business immigration. Comprehensive immigration is great, but almost impossible to pass in this divided congress. Yet the champions of legalizing illegal immigrants often do not want to pass immigration reform to grant businesses more professional immigrants. Ultimately, what those Senators and Congressmen and women fail to see is that Immigration benefits us, no matter what type it is. Restricting professional immigrants just results in those professional jobs being outsources to other countries, and the US loosing its foothold in the world.