Bashyam Spiro LLP - L1 Visa Laws

  • Published on
    12-Jun-2015

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  • 1. The Proposed L Laws

2. Ls Background

  • L-1 Is Available If:
  • Affiliate Relationship With Foreign Company
  • Transfer EE To Work, At Minimum, On Services/Goods Requiring Specialized Knowledge
      • L-1B specialized knowledge 5 years max
      • L-1A managers/executives 7 years max
  • No Need For Degree
  • Must Have Worked In Affiliate ofc, F/T For 6 Months Within Last 3 Years

3. Upsides To L Visa Use

  • Salary Has To Be Merely Reasonable - No Floor
  • Indefinite Validity For Intermittent Ls
  • No Restriction On Place Of Employ, As Long As Are Within Affiliate Network, Declared With BCIS
  • Blanket L: Pre-Approval Of Companies Or Use Of L
  • Ease Of Entry For Regular Business Visits

4. 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?

5. Two Bills

  • DeLauro Bill, HR 2702
    • Introduced 7/10/03 To House of Reps
    • Fairly Detailed
  • Mica Bill, HR 2154
    • Introduced 5/19/03 To House Of Reps
    • Quick And More Effective

6.

  • DeLauro Bill
  • Ditto Off The H-1B Regs
    • Prevailing & Actual Wages.
    • Use Of Only OES Level 2
    • No Adverse Affects On Similarly Employed
    • File With Secretary of Labor, Pre-BCIS
    • Complaint Process & Fines

7. DeLauro Bill Problems

  • Workplace-Specific Wages
  • Roaming Not Addressed
  • Having To Do On-Site Postings Prior To CIS Approval
  • Fact of Pay Coming From Overseas Offices Not Addressed
  • US Employer Liable For Costs Of Return
  • NO Blanket Ls
  • Must Have Bachelors Degree or Higher
  • Had To Have Worked For Forn Affil At Least 6 Months F/T In Last2Years (Not 3)
  • Had To Be Employed F/T2Years (NotOneYear Wrong Anyway, b/c Req Is 6 months)

8.

  • 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 ER
    • Indicia of employment relationship
  • Make Available The Application of Attestation to DOL
  • -- ok, b/c is addressing the sweatshop issue
    • Presumably regs would allow for complaints
    • Might be enough flexibility to allow companies to pre-apply for managerial/executive level staffing attestations

9.

  • 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

10.

  • THANK YOU
  • Bashyam & Spiro, LLP
  • Tel: 703-506-4500
  • www.immigrationcounsel.com

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