UPDATED M-274 Handbook for Employers: A Must-Have Resource

January 31st, 2011 § Leave a Comment

The U.S. Citizenship and Immigration Services (USCIS) recently released an updated version of The Handbook for Employers (Rev. 01/05/11), also known as the M-274. This must-have resource assists employers better understand the Form I-9 process.

According to a message from Director Mayorkas of the USCIS, the new improvements include:

  • New visual aids for completing Form I-9
  • Examples of new relevant USCIS documents
  • Expanded guidance on lawful permanent residents, refugees and asylees, individuals in Temporary Protected Status (TPS), and exchange visitors and foreign students
  • Expanded guidance on the processing of employees in or porting to H1-B status and H2-A status
  • Expanded guidance on extensions of stay for employees with temporary employment authorization

Download the updated version of M-274 Handbook for Employers – you will always find a link to the most recent version on the left-hand side of The Immigration bLAWg, under blogroll. The M-274 Handbook for Employers, along with advanced I-9 and E-Verify training is significant step for achieving compliance.

If you have questions regarding M-274 Handbook, please email or call GoffWilson: info@goffwilson.com, 603.228.1277.

H-1B Cap Reached for FY 2011!

January 28th, 2011 § 1 Comment

According to the U.S. Citizenship and Immigration Services (USCIS), as of Thursday, February 27, 2011, the H-1B Visa Cap for FY 2011 has been reached. For the full press release, click here.

There is an annual 65,000 limitation on H-1B visas. (this is called “the cap”); Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20, 000 petitions filed for an individual who has obtained a US Master’s degree or higher.

In addition, there are reserved 6,800 H visas from the cap for Us-Chile and US-Singapore Free Trade Agreements. Any unused numbers here are made available for H-1B use for the next year.

Final Update by GoffWilson: January 27, 2011

©2011, GoffWilson, P.A. All Rights Reserved.

For more information, or answers to specific questions regarding the H-1B Visa, please contact GoffWilson.

Violation of H-1B Provisions Leads to 700K+ in Fines for Computer Consulting Company

January 10th, 2011 § Leave a Comment

According to a press release issued by the U.S. Department of Labor (DOL), Peri Software Solutions, Inc of Newark, NJ, and it’s owner Saravanan Periasam will pay $638,000 in back wages and interest to 67 workers because a of H-1B provision violation of the Immigration and Nationality Act.

In addition, Peri Software Solutions Inc must also pay $126,778 in civil money penalties and the company is debarred for one year from participating in the H-1B program.

The H-1B is a non-immigrant visa, that allow U.S. employers to temporarily employ foreign workers in specialty occupations such as computer programming, architecture, engineering, mathematics,  and physical sciences. The DOL is responsible for establishing specific guidelines for the H-1B Visa to ensure that foreign workers do not displace U.S. workers.

Nancy J. Leppink, Deputy Administrator of the DOJ Wage and Hour Division stated:

“Peri Software not only took advantage of these workers by not properly compensating them, it also violated the part of the law that provides the greatest protection to the American workforce. “When companies participating in the H-1B program do not post filed labor condition applications, they clearly undercut American workers who may be qualified for available employment but aren’t aware of it.”

To read the full press release, visit the DOJ website. Visit GoffWilson.com for more information regarding the H-1B Visa.

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