When Immigration Matters

Employees applying for an H-1B visa in Hyderabad, India-New Requirements

Posted by Karen-Lee Pollak on Sat, Feb 25, 2012 @ 12:02 PM

H-1B visaEmployers using the H-1B category are required to make certain attestations in the DOL’s Form 9035, “Labor Condition Attestation” commonly referred to as the LCA.  Now the Department of State has created its own set of attestations for employees applying for an H-1B visa in Hyderabad, India. It seems the attestations are primarily aimed at IT consulting companies who typically place their employees at third-party sites.  These attestations consist of a sworn statement by the visa applicant acknowledging certain facts.

Visa applicant's are required to attest to various facts relating to their employment including off-site work, the identity of the end client for whom the work is to be performed, and the role of the H-1B petitioner in the day-to-day management of the employee, the provision of tools and equipment, hiring and firing authority, tax withholding, and benefits.

Although the existence of an employer-employee relationship between the petitioner and the individual who will work at a third-party client site is adjudicated by U.S. Citizenship and Immigration Services (USCIS) in the petition stage, the U.S. Consulate General now engages in its own review by requiring H-1B visa applicants to explain not only their job duties, but the employer-employee relationship. 

Employees are also required to read the Wilberforce Pamphlet docs/Pamphlet-Order.pdf regarding human trafficking and labor laws.  The pamphlet is required reading for visa applicants in the H-1B, H-1B1, H-2A, H-2B, J-1, and B-1 domestic employee categories, among others.

It is extremely important that employees are thoroughly prepared for their interviews in order to explain the employee-employer relationship, the issue of control and management of employees on a daily basis and payment and tax issues relating to employee's salaries.  For my lawyer readers out there, come to the AILA Annual Conference in Nashville in Jube to learn more about H-1B visas and dealing with the US. Consulate. 

Survey finds Immigration Inconsistent in Applying Prosecutorial Discretion

Posted by Michael Pollak on Wed, Nov 09, 2011 @ 5:13 PM

Today, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) released a new survey today finding that Immigration and Customs Enforcement (ICE) officers and attorneys across the country are applying different standards on prosecutorial discretion despite the issuance of national policy memoranda this summer.  The June 17, 2011, memo outlines for ICE agents and attorneys the criteria that would make an immigration removal case a low priority for enforcement action. These criteria include ties to America including service in the U.S. armed forces, schooling, contributions to the community, and other equities for enforcement officials to consider when deciding what course of action to take in a particular case.

The survey reflects information on all 28 offices across the United States.  Shockingly, the survey reveals that most ICE offices have ignored headquarters memoranda.  “We felt that ICE’s June 2011 memoranda about the use of prosecutorial discretion in certain types of immigration cases were clear and straightforward,” said AILA President Eleanor Pelta. “But,” Pelta continued, “these survey results show that ICE agents and attorneys are not willing to use the discretion they are responsible for implementing without further guidance. They are asking for more, and the agency’s leadership should help them get it,” said Pelta.

According to Benjamin Johnson, Executive Director of the American Immigration Council, "the June 2011 memo lays out a basic premise in law enforcement: the proper exercise of discretion is an integral part of any law enforcement effort to focus its resources effectively. If, as this survey reveals, many local immigration officials are unwilling to accept this basic premise, then the challenge for DHS and ICE is to back the memo up with the leadership, training and support necessary to make sure that these policies are actually being implemented."

The full survey may be reviewed at  Holding DHS Accountable on Prosecutorial Discretion, which evidences that while some ICE offices have begun to implement the guidance, most have not and many are actively resistant. Some officials said their jobs are “to arrest and deport.” 

To view the survey in it's entirety, see:

AILA's Immigration Solutions Video

Posted by Karen Pollak on Fri, Dec 17, 2010 @ 12:43 PM

AILA’s Solutions Campaign continues with our new multi-media player and website! Watch AILA experts explain the need for a real solution to our broken immigration system. Help get the word out – the solutions are here and they are achievable!

Immigration questions?  We have answers.  Free consultation available | 800-969-5529

Solutions That Work: A Policy Manual for Immigration Reform

Posted by Karen Pollak on Wed, Dec 15, 2010 @ 12:10 PM

Solutions That Work: A Policy Manual for Immigration Reform was crafted by the American Immigration Lawyers Association (AILA) to show that a solution to our nation's immigration problem does exist and can be achieved. Each section of this policy manual summarizes a key component of the existing immigration system, identifies its deficiencies and offers workable solutions that when applied together, will fix the totality of the broken, outdated, and inadequate system. AILA believes that for lasting and meaningful reform to take hold, these various components must be addressed in a comprehensive immigration reform package.

ImmigrationThe Policy Manual explains how any effective, long-term solution to the immigration problem must: 1) require the unauthorized population to come out of the shadows, register their presence with the government, and give them the opportunity to earn legal status; 2) provide fair and lawful ways for American businesses to hire much-needed immigrant workers who help grow our economy while protecting U.S. workers from unfair competition and all workers from exploitation; 3) reduce the unreasonable and counterproductive backlogs in family-based and employment-based immigration; 4) ensure the permanent immigration system provides adequate visas to meet the needs of American families, businesses, and communities; and 5) preserve and restore the fundamental principles of due process and equal protection while protecting our national security.

Review and download AILA's newest advocacy resource, Solutions That Work: A Policy Manual for Immigration Reform.

Immigration questions?  We have answers.  Free consultation available | 800-969-5529

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