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The Law Office of Keshab Raj Seadie,PC

146 W. 29th St., Floor 10

New York, NY 10001

Phone: (212) 571-6002

Fax: (212) 571-7302

www.greencardmaker.com 

H-1B Audits are conducted by the Wage and Hour Division of the US Department of Labor (DOL) to determine whether an H-1B employer is in compliance with the existing H-1B laws and regulations. Violations can lead to severe money penalties ranging from $1,000-$35,000 per violation depending on the nature of the violation.

Call us today at (212) 571-6002 to conduct an internal H-1B Audit in order to expose and rectify any compliance shortcomings that could lead to severe financial penalties and debarment from participation in the H-1B program. 

The Obama administration continues to take small steps to reform the US immigration system in piecemeal fashion. This week the administration proposed a rule change which would allow undocumented immigrant relatives of US citizens to become permanent residents more easily. As the system stands now, any undocumented immigrant who has accrued 180 days of unlawful presence in the US is subject to a 3-year bar of entrance to the US-those who have accrued at least 1 year of illegal presence are subject to a 10-year bar. One of the only recourses is for such an immigrant to leave the US and file a waiver showing that the separation will cause the US citizen relative extreme hardship. However, in the event that such a waiver request is rejected (and due to the strict regulations this is often the case), the immigrant relative would then be subject to the 3 or 10-year bar. Because of the uncertainty and long processing delays, many relatives decide not to risk leaving the country to apply.

The proposed rule change would allow the immediate relatives of US citizens to file this type of extreme hardship waiver before exiting the US.  This would reduce the separation time of families and encourage many currently undocumented immigrants to come out of the woodwork so to speak and apply since there would not be the fear of being stranded outside the US. Because the proposed rule change affects administrative law it does not require congressional approval. Officials hope that after a comment period the change will take effect by the end of the year.

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ICE Hotline for Detained Immigrants

ICE has created a toll-free hotline for immigration detainees so that they may be apprised of their rights if they believe they are a US citizen or victim of a crime.  The number, 855-448-6903, will be staffed by ICE personal 24/7. In addition, ICE has instated the use of a new detainer form. The form allows ICE to make the detainer operative only upon the detainee's conviction of the offense for which he or she was arrested. It stipulates that the law enforcement agency provide a copy of the detainer to the detainee. It also advises the detainee that ICE intends to assume custody and that ICE has requested that the LEA maintain custody beyond the time when he or she would have otherwise been released based on the criminal charges or convictions.

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H-1B Audit News

Case Law: "Benched" H-1B Employee Entitled to Unpaid Wages

• ALJ found that an employee does not need a social security number to begin work, only evidence of having applied for one. In this case the employee was therefore in employment-related nonproductive status requiring payment when the employer did not let him begin work though he had applied for a SSN. The benched H-1B employee is eligible for his full salary in accordance with the approved LCA until bonafide termination. The ALJ also stated that bonafide termination does not occur unless and until the USCIS receives a written request for termination. The H-1B Employer does not have to pay for the duration of an authorized unpaid leave of absence. Administrator, Wage & Hour Div. v. Itek Consulting, Inc.  (5/6/09).