The Wage and Hour Division reports: Health care staffing agency Jackson Therapy Partners, based in Orlando, has paid $134,073 in back wages to 40 non-immigrant employees hired under the H-1B program to work as physical and occupational therapists in 15 states, following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Investigators found that the employer failed to pay the H-1B workers the required wage rate for the period of time between arrival from their home country, the Philippines, and reporting to their temporary work sites. Under the H-1B program, workers must be paid for all non-productive time caused by their employers.

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It seems that every day there is some announcement about U.S. immigration policy or immigration reform. It also seems that with every such announcement, immigration lawyers are flooded with inquiries by the documented and undocumented, as well as their U.S. citizen friends, seeking ways to take advantage of this perceived newfound benefit. Unfortunately, some “immigration advisors” also get those inquiries and seek to take advantage of what to them is a golden opportunity to reap great financial rewards from those who can ill afford the loss. The desperate, the poor and uninformed are easy prey for those notarios, “immigration advisors,” or others involved in the unauthorized practice of law.

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Guest Blogger: Melinda Fellner Bramwit

As a general rule, U.S. citizens and U.S. tax “residents” are subject to U.S. federal income tax on their respective worldwide income irrespective of source.  An individual who is neither a U.S. citizen nor resident is generally subject to U.S. income tax only with respect to certain types of U.S. source FDAP income (fixed determinable annual or periodical) and ECI income (effectively connected with a U.S. trade or business.)

The key determinant of U.S. federal income tax liability is, therefore, residence of the taxpayer.

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In the world of daytime television, the soap opera The Young and the Restless (Y&R) is the ratings king. Set in the mythical city of Genoa City, Wisconsin, Y&R chronicles the ups, downs, and sideways adventures of the Abbotts, Chancellors and Newmans, the rulers of Genoa City.  The show has won Emmys galore and cast members have been consistently nominated for the NAACP image award for its portrayal of African-Americans (Christel Kahlil, who plays Lilly, was nominated in 2007). Lilly is married to Cane, who won Lilly’s heart when he was masquerading as a long last Chancellor who suddenly appeared from Australia after his father’s thirty year hiatus from Genoa City. Like any masquerade, the party had to end and the masks came off (but not until after Cane’s marriage to Lilly) in Cane’s case revealing that he was just another guy from down under (the details are too involved for this blog and one should go to the Y&R  website  for the full back story).

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Guest Blogger: Scott M. Baach

The L-1 visa program offers multinational businesses a rather straightforward way to place executive, managerial, or “specialized knowledge” employees in the United States.  This program allows employers to bypass the traditional quota limits and labor certification requirements applicable to other visa categories, such as the H-1.  The L-1 visa is for intra-company transferees.  In order to qualify, the subject employee must have worked for a multinational company outside the United States in an executive, managerial, or “specialized  knowledge” capacity for at least one continuous year within the three years prior to coming to the United States and, further, must be coming to the United States to work for a related company (parent, subsidiary, sister company, etc) in a similar capacity. 

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Today, we are not talking about brackets and hoops but H visas and skilled workers.  Up until last year, March was traditionally chaos for any Human Resources person tasked with getting as many skilled workers on board for the upcoming federal fiscal year that starts on October 1.  In moves akin to the best the Seton Hall Pirates or the Lady Knights could muster, companies and their immigration attorneys were doing full court presses in a mad attempt to secure one of the approximately 65,000 H visas available. 

The frenzy began on April 1, the first day for filing a petition with the immigration service (six months prior to the beginning of the next fiscal year – October 1) for the coveted H-1B visa status.  In 2008, due to the sheer volume of applications, the USCIS ceased accepting further petitions after April 2 once the number of applications to exhaust the 65,000 visa cap was reached.  After which, all would go dark until the next fiscal year.

In 2009, due to the weakened economy, demand for this visa was reduced and the visa cap was not reached until the third week in December.  This year, recent rule changes have been instituted as to how the petitions will be scrutinized could see many petitions denied.  Problems with the new iCert program, designed to streamline processing for the Labor Conditions Application (required to be approved prior to submission with the H-1B petition), could cause extensive delays in petitioners ability to make timely filings.  What will happen this year?  Who knows?

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During the early 19th century immigration wave into the USA, “… and the streets are paved with gold!” was widely broadcasted to the huddled masses seeking a better life. Some immigrants did find “gold.”  Others found only “fool’s gold.”  All found freedom. Today, the same three options exist for those seeking to invest in the USA.

While our streets are not paved with gold, there is a path into the USA that is. Since 1999, the law has allowed one to obtain permanent residence in the USA by making a significant investment in the USA. One has the option of starting a business, buying a distressed business, or investing in a project in an area designated by the government as in need of economic assistance. The amount of the investment varies from a minimum of $500,000 to $1 million depending upon the type of investment chosen.

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Did you think, “Oh, no!  Not another immigration blog!,” when you discovered this blog?  Don’t worry!  This is not going to be just another immigration blog.   Our goal will be to provide current informative content directed at those in the business community who have the need to understand the constantly changing and complex path for people to come into (and, if need be, remain in) the USA for business or investment purposes.

Our firm provides a full service commercial and international legal practice with immigration as a key component, for if you cannot get here, you cannot take advantage of all of the business opportunities the USA has to offer.

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