New York, NY, February 20, 2010: Parwani Law Firm, P.C. brings the latest immigration law updates as employers plan their work force for an upswing in enterprise spending in 2010 and beyond.
Unpredictability of visa numbers; Will the H-1B quota be met on April 1, 2010?
For FY 2009, the quota of 65,000 visas as well as 20,000 advanced degree visas was filled on the first day of filing (April 1, 2008). While there is no way to predict the outcome for this year, employers need to be cognizant of the fact that beneficiaries of approved H-1B petitions for 2010 are allowed to start their employment only on or after October 1, 2010.
LCA now taking up to 10 days; more if FEIN verification required.
The new iCERT system introduced in July 2009 for Labor Condition Applications (LCA) is now taking approximately 7-10 business days to certify. Moreover, employers filing for an LCA for the first time under the iCERT system would require an additional 7-10 days to verify their Federal Employment Identification Number (FEIN) in case the LCA gets denied. Thus, the total turnaround time could take anywhere from 7 to 30 business days.
Consulting and staffing companies’ concerns regarding employer-employee relationship.
The USCIS memo dated January 8, 2010 regarding employer-employee relationship has raised concerns among consulting and staffing companies, especially in the IT and healthcare industries, with regard to their H-1B filings. Parwani Law Firm participated in a collaboration session with the USCIS Office of Public Engagement held on February 18, 2010. The session focused on the implementation of the USCIS memo and provided additional guidance on determining if a valid employer-employee relationship exists.
It is clear that this memo has led USCIS field offices to issue an RFE in many cases. H-1B petitions normally approved in the past are being denied now. All these points were raised during the session. The USCIS indicated that submission of additional documents at the time of filing of the initial H-1B petition could avoid an RFE. Additional documents usually requested in an RFE (organizational charts, employer tax returns, client verification letters, project details, among others) should be included in the initial H-1B petition.
“Let us be your immigration voice”
Parwani Law Firm understands the frustration and business disruptions caused due to delays or denials of H-1B petitions. The firm offers clients one flat rate including filing of the H-1B petition and responding to any RFE's received. To learn more about Parwani Law Firm, P.C., visit our website at www.parwanilawfirm.com or contact an Immigration Attorney at 212-537-6223.
About Parwani Law Firm, P.C.
Parwani Law Firm, P.C. is a New York based full service immigration law firm offering legal expertise, which clients expect from major law firms, but with personalized attention. The firm’s practice covers all areas of immigration law, including employment-based business immigration, family-based immigration, asylum, naturalization, etc. The firm is experienced in dealing with intricate immigration issues and responding to complex Requests for Evidence (RFE).
Source: Parwani Law Firm, P.C.
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