Your resource for all things immigration.

Home » Posts tagged 'INA'

Tag Archives: INA

USCIS Releases Interim Policy Memorandum Regarding T-6 Category

Maria del Carmen Ramos

Maria del Carmen Ramos

Last week, USCIS issued an interim policy memorandum (IPM) that provides guidance on legislation that would affect the T nonimmigrant status program and related T and U nonimmigrant adjustment of status applications. (more…)

EB-2 India Retrogresses

Maria del Carmen Ramos

Maria del Carmen Ramos

Today, the U.S. Department of State (“DOS”) issued the November 2014 Visa Bulletin. As was expected, the employment-based, second preference (EB2) category for people born in India retrogressed to February 15, 2005. Interestingly, the employment-based, third preference category moved forward across the board. EB3 India inched forward to November 22, 2003; EB3 China advanced to January 1, 2010; and EB3 for all other countries of chargeability moved to June 1, 2012. (more…)

A Cautionary Tale for H-1B Employers

Maria del Carmen Ramos

Maria del Carmen Ramos

Quite often employers ask, “If it doesn’t work out, can we recover all the money we have spent on the H-1B process from the employee?” The short is answer to this repeatedly asked question is no. Department of Labor (DOL) regulations are clear that the employer must pay the filing fees and may not allow the worker to pay it directly, by deduction from wages or in any other fashion.  DOL regulations say that the H-1B costs and fees are employer business expenses and exclude those fees and costs from the list of “authorized deductions.” (Read more about deductions for an H-1B worker’s pay.) (more…)