UNDERSTANDING THE LABOR CONDITION APPLICATION
The Labor Condition Application (LCA) is required for every H-1B application and must be included in the Public Access File.
The Thin “B” (visa) Line: When do Business Visitors Unlawfully Work?
The line between lawful business visitor activities as permitted with a B-1 visa (or entrance under the ESTA program) and unlawful work is one of the thinner lines in the immigration world. A range of activity is permitted as a business visitor, much of which sounds like work. This piece helps to clarify some of the ambiguity surrounding permitted B2 Visa activity.
The Employer’s Obligation to Establish “Ability to Pay” During the Green Card Process
The process to obtain a green card based on employment typically consists of three steps: (1) A labor certification from the Department of Labor; (2) a I-140 petition filed by the employer, and (3) an adjustment of status application filed by the employee. The first step, the labor certification, often looms the largest because […]
Changing H-1B Employers with H-1B Portability
When changing H-1b employers, foreign nationals (“FN”) in H-1b status often face an interesting challenge in determining how long they are authorized to work in the United Stated. The answer lies in what’s commonly known as H-1b Portability. What is H-1B Portability H-1b Portability allows an H-1b foreign national to transfer to a new H-1b […]