Archive for the ‘Business’ Category

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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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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