Employers and HR

USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions. 

Nonimmigrant Visas: 
Profession/Occupation: 
Agency: 

Importance of having continuity of employment/pay stubs

Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.

Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.

In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.

For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for DVS Enterprises LLC, United States

Name: 
DVS Enterprises LLC
Profession/Occupation: 
Nonimmigrant Visas: 
Country: 
United States
Comment: 
Our company has worked with the Law Offices of Mr Rajiv S Khanna for the past few years and he and his team has handled all our immigration needs. His team of Ms Baker and Ms Fisher have done another great job for one of our employees H1 extension case. It is seldom that you find companies with such remarkable bunch of people working in one team. Their work is very timely and efficient. They are always on top of things. We look forward with working with them in the future for all our immigration needs. Thanks team Rajiv. DVS Enterprises, LLC

Immigration Law in the Workplace

Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association
)

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Immigration Law : 
Profession/Occupation: 
Nonimmigrant Visas: 

I am an Employer, how do I complete Form I-9 Employment Verification?

U.S. employers are required by law to verify the employment authorization of all workers they hire on or after November 6, 986, for employment in the U.S. employers are required by law to verify the employment authorization of all workers they hire on or after November 6, 986, for employment in the United States, regardless of the workers’ immigration status.

Profession/Occupation: 
Immigration Law : 

I am an Employer how do I Use E-Verify?

Formerly referred to as the Basic Pilot Program, E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers. E-Verify provides an automated link to Federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.

Why should I consider participating in E-Verify?

Profession/Occupation: 
Immigration Law : 

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