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C.T.LEE & Associates Blog

Corey Lee Law - NYC Immigration Attorney > C.T.LEE & Associates Blog (Page 3)


March 11, 2019 A lawsuit filed against Apple and Infosys has been dismissed by US courts. The lawsuit alleged that Apple illegally conspired to abuse the US visa system to replace US workers with cheaper, outsourced labor from India. It was claimed that Apple was illegally attempting to get workers into the US on the cheaper B-1 Visa instead of the more expensive H-1B visas.The lawsuit, filed by a whistleblower on the scheme and an independent contractor, was ultimately dismissed after the courts found that Apple’s use of the visa system was appropriate.Companies using foreign workers should remain cautious...

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March 8, 2019 A bipartisan group of senators, lead by Sen. Angus King and Sen. Susan Collins of Maine, are attempting to raise the cap for certain work visas. Recent changes by the Trump Administration has caused fewer H-1B and other work visas to be approved, and many companies, particularly IT companies, are feeling the impact of this. With domestic unemployment hitting historic lows, the need for skilled foreign workers is growing. Maine in particular needs skilled workers to help with their tourism-based economy, hence the sense of urgency from the Senators to raise the cap.This comes at a time...

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March 4, 2019 A recent piece by Bloomberg law suggests that H-1B workers entering the US, particularly in the IT sector, are potentially being exploited by consulting firms. The piece, founded mostly on anonymous sources to protect workers from retaliation, claims that some H-1B immigrants are being forced to work 80 hours (twice the standard work week) for no additional overtime pay, and are also functionally unable to take sick days or vacation days.This comes at a time when IT companies are facing a major crunch, as several lawsuits have recently been filed claiming that the current US administration is...

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February 28, 2019 Dozens of lawsuits have been filed in recent days by a group of IT companies who are alleging that the US government coordinated to limit the number of H-1B visas approved for companies known for IT outsourcing.ITServe Alliance, a group of 1,100 IT outsourcers, including all of the companies in the lawsuits, are claiming that new regulations around H-1B visas are meant to eliminate the industry. H-1B visas allow for skilled foreign workers to gain entry and employment in the United States, and are used to fill critical skill shortages, particularly in the IT sector.Evidence of discrimination...

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February 25, 2019 Early in his Presidency, President Trump made a concerted effort through legislation and executive orders to encourage companies to hire Americans and discourage the use of foreign labor. One year out, we can see that these policy changes have hit IT companies the hardest.The USCIS announced the denial rates for many companies attempting to hire foreign workers through H-1B applications, and the results were disappointing to many new disruptors in the IT field. While major companies like Amazon and Microsoft only had 1% denial rates, the denial rates for others like Capgemini and Cognizant were 80% and...

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February 22, 2019 The U.S. Citizenship and Immigration Services (USCIS) has announced that they have reached the cap on H-2B visas for fiscal year 2019. This means that all new H-2B visa requests that request a start date before Oct 1, 2019 will be automatically rejected.The final date for accepted visa requests will be Feb. 19, 2019. Because the number of petitions exceeded the number of allowable visas, this triggered the selection system known as the “lottery” to determine who would receive a H-2B visa. The lottery was conducted on Feb 21st, with the assignments being released on Feb 22nd.IMPORTANT:...

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February 18, 2019The USCIS has announced that it will resume premium processing of H-1B petitions filed before the end of last year. While the properly requested premium processing normally guarantees a 15-day processing time, the USCIS has previously announced in January that they had suspended the program due to the government shutdown.With the government now refunded, the USCIS will resume the premium processing for those applicants who submitted the requests before December 21st, 2018. It is imperative that applications are properly submitted, and that in the event of a transfer or a request for evidence, those materials be handed promptly...

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Heavy Penalties in Sight for Man Arrested for Visa Fraud

February 15, 2019 US Attorneys recently announced the arrest of a man accused of committing mass Visa fraud and falsely procuring US citizenship.Neeraj Sharma, of Piscataway, NJ was arrested and charged after federal investigators claimed he recruited foreign workers under H-1B visas, but those workers and staffers never actually secured work in the United States. Sharma allegedly falsely claimed in the applications that the workers had full-time jobs secured in the US, a requirement for the H-1B, but had forged key aspects of the applications to help 11 people falsely enter the country.This story comes on the heels of a...

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Attention Foreign Students: Be Aware of Dramatic Policy Changes

FEBRUARY 11, 2019 Last August, the USCIS announced policy changes that dramatically impacts foreign students in the US on visas, particularly those on the F, M, and J visas. In short, the changes impact the way that those on visas can accrue “unlawful presence” in the United States, which can lead to consequences such as a 3-year or a 10-year bar. Additionally, visa holders with unlawful presence can be deported.Foreign students can even begin accruing unlawful presence time without knowing it! Regardless of whether they are informed by the government or not (and its likely that they are...

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A Brewing Crisis: Immigration Services Sharply Delayed

FEBRUARY 08, 2019 According to a recent study by the American Immigration Lawyers Association (AILA), the processing times for US Citizenship and Immigration Services (USCIS) has increased by 46% since the start of the Trump Administration. Additionally, this decrease has occurred in spite of the fact that 2018 saw fewer visa petitions than previous years.These delays are causing ripple effects throughout the immigration process, hurting both business trying to get skilled labor, and potential visa holders trying to obtain legal status in the US. An assessment by the Houston Public Media showed that there had been additional strain...

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