The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) is responsible for investigating and enforcing federal minimum wage, overtime pay, and record-keeping requirements, as well as various employment standards and worker protections required under U.S. immigration law. Such investigations are often...
Part 1 (15.Dec.2022) of this MurthyDotCom article provides a number of tips and reminders for companies to verify that they have remained in compliance with certain key employment and immigration regulations. This second part continues the discussion, focusing on wage issues related to H1B workers. Salary...
As we approach the end of another new year, now is a good time for employers to review a number of immigration-related matters and documents to help ensure smooth business operations in 2023. It is always advisable to engage in internal audits to identify and...
Any company that employs H1B workers is obligated to create and maintain a public access file (PAF) for each employee in H1B status. The following is a general overview of some of the key documents that should be found in PAFs. Public Access Files: Creation and...
The U.S. Department of Labor (DOL) issued a news release on June 6, 2017, which details actions the agency is taking to combat entities committing visa fraud and abuse. The news release quotes Secretary of Labor Alexander Acosta, who states, "Entities who engage in visa...
Since the inauguration of President Trump in January, there has been much uncertainty in the immigrant community, and information is key. Accordingly, the Murthy Law Firm offered a special 3-part teleconference series to U.S. employers of foreign nationals for three consecutive weeks in May. Entitled...
As expected, President Trump signed an executive order (EO) entitled Buy American and Hire American. The ‘hire American’ section of the EO has no direct impact on existing immigration laws. Rather, it directs various executive agencies to "propose new rules and issue new guidance …...
Shortly after the U.S. Citizenship and Immigration Services (USCIS) announced plans for increased enforcement efforts against H1B employers, the U.S. Department of Labor (DOL) issued its own news release that summarizes how it will "protect U.S. workers from H1B program discrimination by providing greater transparency...
For an employment-based case filed with the U.S. Citizenship and Immigration Services (USCIS), it is not uncommon for the petitioning employer to be issued a request for evidence (RFE) asking for clarification on mismatched information found in the Validation Instrument for Business Enterprise (VIBE) system....
Representatives of the Student and Exchange Visitor Program (SEVP) recently addressed some common questions regarding the completion of the training plan for STEM OPT students (form I-983). A number of important topics were discussed, including the issue of potentially placing an F-1 STEM OPT student...
