Hiring foreign nationals are not the same as hiring US citizens and permanent residents
A material change in the terms of employment, an employee H-1B can cause the obligation to amend the law, but when changing a material change in the material?
For most businesses are dealing with the immigration lawyer. On the front Visas H-1B (specialty occupation), when the visa petition was approved and the foreign national is employed, employer relations counsel will likely boost the status of H-1B or green card to proceed. Sometimes transpire; Sometimes years.
On again, off again relationship between employers and immigration advice
However, this is once again on the relationship closed again between employers and counsel immigration has been become increasingly While immigration authorities have focused particularly on whether the employer has, in fact, a duty, their work under the provisions ongoing Ministry of Labor and Immigration.
As we have discussed previously the Office Appeals administration in deciding year 201 5 precedential - matter of Simeio manage solution, the change in which is located a job from which mentioned specified in terms of work programs (certification which is a precondition to apply for the H status -1B) created the exchange of material, adding to the demand on the part of employers to petition the company H-1B an amended and create all costs associated with it.
The change in position is not just a potential change
But the change in position is not changed only the potential that can cause an obligation to amend. Changing as the other two are changing about the employee's work that "may affect" his or is entitled to her for the situation the company H-1B or situations where an employee "is employed there is guaranteed in the capacity specified in the petition."
The changes that could affect eligibility
With regard to the exchange about work that may affect eligibility analysis, Touchstone is whether the changes on this work will result in employees no longer to meet the needs of the company, H-1B, among other things, that the position requires at least a high school in specialized subject areas.
For example, if employees H-1B has been hired to provide services and engineering change continuously, then is passed to the location where she will serve mainly as an Administrator, Sales, Category, it is not so clear that: 'occupation specialist "with and may even require a difference General wage-- obligations amendments will probably be triggered.
Less clear, however, what it means for employees no longer be used in "capacity" specified in the petition that the nutrient can affect change, even in the Occupation and not just employees of all kinds, Engineering, for example, to manage the sale.
For example, the engineers hired to participate in product development
For example, the engineers hired to participate in the development of products that are allowed to move to an area where he will participate mainly in the maintenance and repair?
The change would not affect the rights of H-1B employees is due to the new location will still fall in the same standard - engineers and could affect wages generally described in terms of labor. But it can still be argued that the employee is employed in the "capacity" new or different and have the potential suspension problems.
A rule of thumb notice provisions governing Labor Certification permanent jobs is that changing the material of the ability to trigger if the new job description is more than 50% different from the old job description.
But then, it is unclear if immigration will not seek to change the material in the "qualified" despite new job explaining only 49% different from the old, but the task of this new position is different.
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