Showing 3 posts by Mary (Peggy) G. Shukairy.
Under H-1B regulations, an employer has to notify the United States Citizenship and Immigration Services (USCIS) of "material changes,” through the filing of an amended or new H-1B petition. However, the regulations do not explicitly explain what constitutes a material change. Employers have generally relied on prior guidance from USCIS, which indicated that moving an H-1B employee to a new worksite did not constitute a material change if a new Labor Condition Application (LCA) was in place for the new worksite before the move. In April 2015, the Administrative Appeals Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC (Simeio),on this issue. Now, as a result of this decision, USCIS has reversed itself and has issued a new policy memorandum on the actions needed before an employee is relocated. Read More ›
An administrative judge recently handed down a stunning $605,250 fine against an employer for improperly completing its I-9s. The decision, U.S. v. Hartmann Studios, Inc. (OCAHO Case No. 14A00008, July 15, 2015), serves as a reminder that employers need to be taking I-9 compliance as seriously as the government, and that preventative measures such as extensive training and self-audits can help companies avoid the government’s crosshairs. Read More ›
Foreign nationals who will travel home for the holidays should check that they have a current valid visa and that their passport is valid for at least 6 months beyond the date they wish to enter the U.S. Read More ›
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Joseph J. Dehner Joe Dehner concentrates his practice on multinational business and securities disputes. He counsels a wide variety of companies, domestic and foreign, on issues confronting global business, including transnational investment, mergers and acquisitions, joint ventures, customs and trade issues, international business structures, distribution and agency agreements and the resolution of international disputes.