We previously reported on an interim I-9 rule from December 2008 (see U.S. Citizenship and Immigration Services Announces Revised I-9 Form). Citizenship and Immigration Services now has finalized the interim rule.
Continue Reading I-9 Interim Rule From 2008 Now Final
New H-1B Pre-Filing Registration On the Horizon
U.S. Citizenship and Immigration Services (CIS) announced a proposed rule that would require employers of H-1B workers to complete a pre-filing registration before submitting petitions for individuals subject to the annual H-1B cap.
Continue Reading New H-1B Pre-Filing Registration On the Horizon
H-1B Employer Assessed Back Wages and Fined
The U.S. Department of Labor announced this week a $638,449 back wage consent order and $126,778 civil fine against a New Jersey IT consulting firm, Peri Software Solutions, Inc. The announcement indicated that the back wages resulted from the employer’s failure to compensate the H-1B workers as required under Department of Labor regulations. The civil fine arose from two issues: the employer failed to provide notice of its intent to employ H-1B workers and it sued former employees "for early cessation of employment."
The announcement may raise more questions than it answers concerning the specific facts involved, but it serves as a good reminder for H-1B employers that the applicable regulations are very exacting and can be costly when disregarded. While this case appears to have involved a failure to pay the required wage rate, employers may be surprised to learn that the wage obligation continues as long as the H-1B petition remains valid, which in many cases can be for up to three years. Even after an H-1B worker has resigned or been terminated, the Department of Labor requires the employer to pay the worker’s wages until U.S. Citizenship and Immigration Services (USCIS) has revoked the H-1B petition. The H-1B regulations in fact require employers to notify USCIS when the H-1B worker’s employment ends. Requesting revocation of the petition therefore complies with USCIS regulations and avoids a potential Department of Labor assessment of back wages.
Continue Reading H-1B Employer Assessed Back Wages and Fined
Time is running out to file H-1B petitions for current fiscal year
At a December 1, 2009 seminar in New York, representatives of U.S. Citizenship and Immigration Services (USCIS) provided an update on the H-1B cap numbers for the October 2009 – September 2010 fiscal year (please see my earlier post for more on this topic — The H-1B "Cap" – 2010 Fiscal Year Is The Canary …
New I-9 Form Implementation Delayed Until April 3, 2009
On Friday, January 30, 2009, USCIS announced that it was delaying the implementation of the new I-9 form and regulations published during the final days of the Bush Administration. On January 20, President Obama issued an executive order requiring review of all new regulations not yet effective…
Continue Reading New I-9 Form Implementation Delayed Until April 3, 2009
USCIS to Start Mailing Rejection Notices for April 1, 2008 H-1B Filings
On June 12, 2008, U.S. Citizenship and Immigration Services (USCIS) informed the American Immigration Lawyers Association that the H-1B random selection process has been completed. USCIS completed the intake and receipt processes for all filings as of May 24, 2008 and began mailing rejection notices the week of June 9. Therefore, if an employer has not yet received a filing confirmation (Form I-797C Notice of Action), it likely means that the petition was not selected in the random process and that the rejection notice will be forthcoming.Continue Reading USCIS to Start Mailing Rejection Notices for April 1, 2008 H-1B Filings