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The Proposed L Laws
L’s – Background
L-1 Is Available If:
1. Affiliate Relationship With Foreign Company
2. Transfer EE To Work, At Minimum, On Services/Goods Requiring Specialized Knowledge
a. L-1B – specialized knowledge – 5 years maxb. L-1A – managers/executives – 7 years max
3. No Need For Degree
4. Must Have Worked In Affiliate ofc, F/T For 6 Months Within Last 3 Years
Upsides To L Visa Use
Salary Has To Be Merely Reasonable - No FloorIndefinite Validity For Intermittent L’sNo Restriction On Place Of Employ, As Long As Are Within Affiliate Network, Declared With BCISBlanket L: Pre-Approval Of Companies Or Use Of LEase Of Entry For Regular Business Visits
L Abuse
L Sweat Shops
Taking in fees for placement of foreign workers and underpaying the foreign worker
No reporting mechanism with DOL
How Many, How Often?
Two Bills
DeLauro Bill, HR 2702
Introduced 7/10/03 To House of RepsFairly Detailed
Mica Bill, HR 2154
Introduced 5/19/03 To House Of RepsQuick And More Effective
DeLauro Bill
Ditto Off The H-1B Regs
Prevailing & Actual Wages.Use Of Only OES Level 2No Adverse Affects On Similarly EmployedFile With Secretary of Labor, Pre-BCISComplaint Process & Fines
DeLauro Bill Problems
Workplace-Specific WagesRoaming Not AddressedHaving To Do On-Site Postings Prior To CIS ApprovalFact of Pay Coming From Overseas Offices Not AddressedUS Employer Liable For Costs Of ReturnNO Blanket L’sMust Have Bachelor’s Degree or HigherHad To Have Worked For For’n Affil At Least 6 Months F/T In Last 2 Years (Not 3)Had To Be Employed F/T 2 Years (Not One Year – Wrong Anyway, b/c Req Is 6 months)
Mica Bill
Must File Attestation With DOL
Employer Will Not Place The Nonimmigrant With Another ER
If EE performs duties at one or more worksites “of” other ERIndicia of employment relationship
Make Available The Application of Attestation to DOL
-- ok, b/c is addressing the sweatshop issue
Presumably regs would allow for complaintsMight be enough flexibility to allow companies to pre-apply for managerial/executive level staffing attestations
What Can You Do?
Call Us And We Will Provide You With A Letter To Send To Your
Congressman
Follow Up And Make Sure It Is NOT Supported
THANK YOU
Bashyam & Spiro, LLPTel: 703-506-4500
www.immigrationcounsel.com