Archive for February, 2009
Recent Challenges with the PERM Labor Certification Process
Recent layoffs have made obtaining PERM certification much more challenging than in the past. If there is a layoff in the area of intended employment, PERM regulations require that the employer notify and consider all potentially qualified laid off workers in the occupation or related occupation. 20 C.F.R. § 656.17(k)(1). Moreover, the employer must disclose […]
In: Labor Certification, PERM · Tagged with: Labor Certification, PERM
Obama’s Stimulus Plan and Its Effect on H-1B Visa Applications
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 containing the Sanders H-1B amendment. The Sander H-1B amendment prohibits the sponsoring of H-1B visas by organizations that received funding of through the Emergency Economic Stimulus Act of 2008 (TARP money) unless the organization complies with the requirements of H-1B […]
In: H-1B Visa, H-1B Visa Cap · Tagged with: H-1B Visa, H-1B Visa Cap
H-1B Visa Transfers
Many H-1B visa holders are under the impression that there is a “grace period” following the conclusion of their stay in H-1B visa status. Most believe that if they are laid off, fired or otherwise terminated that they have 30, 60 or even 90 days to find a new H-1B sponsor or just to gather […]
In: Grace Period, H-1B Visa, H-1B Visa Transfer · Tagged with: Grace Period, H-1B Visa, H-1B Visa Transfer