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Who Is An H-1B CAP Exempt Employer?
Who Is An H-1B CAP Exempt Employer?

I. Introduction : The concept of H-1B visa cap exempt employers was introduced in The American Competitiveness in the Twenty First Century Act of 2000, also known as AC21. Cap exempt employers are those who are absolved from complying with the requirement that they compete ...

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Blog posts in H-1B Visa Audits

  • H-1B Visa Audit Win: Ruling Eases Employer Payment Obligation when H-1B Workers Make Themselves Unavailable for Work

    Introduced in a separate article , the new standard for avoiding wage liability to H-1B employees (without terminating them) created in Gupta vs. ...

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  • H-1B Visa Audit Update: New Standard Almost Meant Huge Wage Liability for H-1B Employers

    In a February blog article , we covered the case of an H-1B employee who had “absconded.” Specifically, she made herself patently unavailable for work ...

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  • H-1B Visa Audit Update: Navigating the Unprecedented World of an Absconded H-1B Employee

    A recent litigation regarding an H-1B visa audit, also known as a Labor Condition Application (LCA) Audit, raised a question that case law has not yet ...

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  • Avoiding H-1B Visa Audit Violations and Penalties

    H-1B visa audits by the USDOL are on the rise and penalties can be severe. The U.S. Department of Labor (USDOL) is conducting more H-1B visa audits, ...

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  • H-1B Audit Defenses

    Under the Obama Administration, the U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) have markedly increased their efforts in ...

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  • How to Avoid RFEs on Your H-1B Petition

    A Request for Evidence (RFE) is when the U.S. Citizenship and Immigration Service (USCIS) needs more information before they can approve your petition ...

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  • H-1B Audit Defense Requires Immigration Lawyer to be Litigation Savvy

    With the rise of H-1B visa audits , H-1B visa site visits and Labor Condition Application (LCA) investigations, the US Department of Labor (USDOL) ...

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  • Effective Legal Representation is Key to Defending LCA Department of Labor Investigations (H-1b Audit or LCA Audit)

    I have heard many of my clients who frequent our offices in Ohio, Michigan and Washington, D.C. and who sponsor H-1b workers attesting to the valuable ...

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