Ten Concepts for Understanding Business Immigration Laws (Paul Parsons, August 30, 2011)
- Business visitors should not seek to enter the U.S. to “work.”
- Social Security “no match” letters are back.
- “Silent raids” have replaced highly publicized raids.
- Visa waiting lists are inordinately backlogged.
- A person can be “out of status” but “lawfully present!”
- Employers must pay H-1 specialty workers the higher of the “actual” and the “prevailing” wage, and be certain to properly terminate these foreign nationals. In addition, foreign nationals are prohibited from paying legal fees or expenses for seeking a PERM labor certification from the U.S. Department of Labor (DOL).
- The U.S. Citizenship & Immigration Services (CIS) has tightened the definition of “specialized knowledge” in order to seek L-1B status for intracompany transferees.
- Portability is available for H-1 workers as well as immigrant (permanent resident) adjustment of status applicants.
- Employers should not offer positions to foreign nationals as an accommodation for a friend or relative. CIS and the DOL vigilantly search for immigration fraud.
- Employers must attest that export licenses are not required or have been obtained for H-1, L-1, and O-1 workers. Employers must make a certification regarding the release of controlled technology or technical data to foreign nationals in the U.S. subject to the Export Administration Regulations or the International Traffic in Arms Regulations.
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