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Heightened Penalties for Severe Violations: $35,000 fine and no less than 3 year debarment for willful failure or willful misrepresentation of a material fact in the course of which an employer displaced a U.S. worker within the 90 days before and 90 days after the filing of a visa petition based on the application.
The hiring process also changed as employers turned to indirect hiring through subcontractors. "Under a subcontracting agreement, a U.S. citizen or resident alien contractually agrees with an employer to provide a specific number of workers for a certain period of time to undertake a defined task at a fixed rate of pay per worker."
Employees must complete Section 1 of the form upon commencing employment. The employer must complete Section 2 within three days of the employee's starting date at work. [2] The employer is responsible for ensuring that the forms are completed properly and in a timely manner. The I-9 is not required for unpaid volunteers or for contractors. [2]
For H-1B and H-1B1, the LCA is valid up to three years after the start date indicated on the LCA or to the end date indicated on the LCA. [13] However, if the employer becomes H-1B-dependent, or a strike, lockout, or work stoppage occurs between the time of LCA filing and the approval of the associated H-1B petition, the LCA ceases to be valid. [3]
When an alien presents himself or herself for admission at a designated port of entry, the usual course of action is for a CBP officer to let the alien in. If the alien is entering on a nonimmigrant visa, a Form I-94 is issued, whereas if the alien is entering using the Visa Waiver Program, Form I-94W is issued. Lawful Permanent Residents are ...
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The following are the thresholds for determining whether an employer is classified as H-1B-dependent. Note that for the first column below, only employees in the United States should be counted, but this can include other employees on H-1B or another temporary worker status, as well as United States citizens and lawful permanent residents.
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