In a big win for H-1B employers, an
Administrative Law Judge has clarified for the better a new legal
standard for their avoidance of wage liability.
The Department of
Labor had sided with a former H-1B employee who made herself completely
unavailable for work and fled. The Department argued that even though
she was completely unresponsive, because she was not correctly terminated,
she was still due her full prevailing wage rate. This argument cited a
recent ruling where it was found that for an H-1B employer to escape
having to pay an H-1B due to his or her nonproductive status, the
employer must prove it had work assigned to the visa holder that he or
she did not complete. The Department said that the employer in the
present case did not meet that standard, and therefore had to pay.
A recent case has urged USCIS to issue new
guidance covering situations where it is required to file an amended
H-1B petition. The guidance was released after a company, Simeio
Solutions, changed the circumstances of H-1B employees' work conditions
beyond the point that was considered acceptable for Labor Condition
Application (LCA) requirements. These changes resulted in LCA
violations, which in turn led to H-1B revocation.
its monthly release, we break down and analyze the Visa Bulletin. This
document is how the State Department announces who is eligible to
petition for permanent residence. We also provide other relevant case processing time information.
EB-2 date was advancing well, but will fail to move in July, being
stuck in October of 2008. Visa Chief Oppenheim warned that this might
happen due to increased worldwide demand for EB-2. Significant forward
movement is not likely until October. India's EB-3 date (of February 1st
2004) remains at one-week-per-month. This is expected to hold true for
the next four to five months.
EB-2 continues to advance by hitting October 2013, but its EB-3 has
frozen at September 2011. The EB-2 date is expected to make modest
gains, but EB-3 could remain frozen. Chinese EB-5 hits September 2013,
and may advance again next month.
All Other Areas The
EB-3 date for the rest of the world had been advancing very
strongly--and is now just a few months shy of the present date, at April
1st. However, in doing this, it leaves behind one nationality:
Filipino. EB-3 for Filipinos is unavailable due to maxed out demand--and
is expected to stay that way until October.