Indian H-1B Workers Deported: Interpretation of Employer-Employee Relationship

February 9th, 2010

The recent deportation of a number of Indian H1B IT workers from Newark and JFK airports has sent shockwaves through the H-1B community.  H-1B employers, employees and their attorneys alike are flabbergasted by this brazen act of official highhandedness where individuals arriving on H-1B visas were singled out even before their primary immigration inspection, put through a sham questioning, forced into making coercive statements, issued expedited removal orders, and sent back!  Their crime?  They landed in the U.S. with legitimate H-1B visas to work for genuine U.S. employers, but at a location other than the employer’s office, i.e., at a client site or third party site!

H1B employees working at a client site or a third party site is a practice as old as the H1B program itself, and is not a violation of the regulations when supported by appropriate documentation.  What is shocking is that the disgraceful action by CBP inspectors was triggered by an overzealous (mis)interpretation of a recent Memo issued by Donald Neufeld, Associate Director, Service Center Operations, U.S. Citizenship and Immigration Services (USCIS).

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Exotic Pet Legal Issues

February 8th, 2010

When looking for a pet think of how much time and dedication you have for walking it, feeding it, and all the other responsibilities that come along with owning a pet. If you don't want to be involved in all of the responsibilities being a pet owner entails then you should reconsider buying a pet to haul along with you on outings just to make you look cool.

Exotic Pet Legal Issues

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Things That Every Visa And Green Card Applicant Should Know About U.s. Immigration

February 8th, 2010

Like anything else in life, admittance into the U.S.A. requires that you pass a screening process that can often prohibit you from entering the country and end your homes for a green card or visa. Just like other countries, the United States does not approve all visa applications. To avoid mishaps and save time, some common reasons for visa rejections include having a disease, not having any money and having a criminal background. The US government will request a number of documents that have been issued to you in your native country and you must be able to provide copies. Before getting to this stage of the process, you will need to have any non-English certificates, licenses and documents translated by an approved translation agency that offers certifications and notarizations. What this means is that anyone from Brazil will be required to hire a Portuguese translator that is capable of providing certified and notarized translations of translation of birth certificates, marriage licenses, divorce decrees and other forms of identification that are requested.

If you are found to have an unflattering past, you will almost certainly be deemed “inadmissible.” You can take this to mean that nobody will be issued a green card or US visa unless in extremely rare instances or with a certain type of waiver. In addition to the reasons for being refused that I mentioned above, people can also be rejected if they have lived in the U.S. illegally for more than 6 months. When this happens, the applicant must wait between three and ten years to apply Even if you think you haven’t done anything wrong.

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