consulting memo This is a topic that many people are looking for. thetruthaboutdow.org is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, thetruthaboutdow.org would like to introduce to you What worries IT consulting firms and their consultants when applying for immigration benefits? . Following along are instructions in the video below:
“This is attorney sharp rally talking from to you from the bay area california. But but immigration law as you know the shopper. I ll oh good still this is immigration law and also another department dealing in debt settlement. But today.
I m going to talk about immigration law and specifically more specifically about it. Consulting firms and the issues that they face. Which pretty much kind of our the chilling effect on encouraging them to file or not file for h. 1b.
Cases. Or for palm cases are. Which is the labor certification process. Um first of all let s go back a little bit in time back in the days are it was a lot of easier for an it consulting firm to bring their consultants and place them to different different companies.
Without having to face major issues of of proving that they have in them they have been able to place them all the time or things. Like that although. The moles were there it has not really been applied strictly. But lately after january 10th.
January. Two thousand ten. The new file member kind of put a lot of restrictions on those it consulting firms. Many people also have of course a they are not very very happy with it consulting firms.
They believe that they are kind of cheating the system. But as an immigration lawyer. I know these funds are very very important to the economic well being especially for big companies who are not willing to go ahead. And and do the sorting of talents of skilled employees so they users i can a consulting firms basically as a tool to do that that sorting and this is how they can get the cream to keep the economy growing especially in the it sector and of course in other sectors.
But i t information technologies that we get sector. So i m going to cover some of the things that pretty much kind of effect um. There s it firms and and i m going to kind of i my best to cover many of them and we have a good article about this on our website. Kairali.
Locom are one of the big thing that came out on the from the new film member is a right of control and dominion. And there is a wrong interpretation actually to be honest of the law and it is not really a requirement as as dimension. It there. Although it s something that they are arguing extensively and a good way.
We ll be able to counteract those arguments and we have done it successfully you can check some of our h1 b s we have done so that s one issue that is carrying a lot of people controller dominion. Means..
When you re placing that person. How much control you have over that person there then the other big thing. Which is becoming a requirement and in my stunna case are the end client letters um. The empire letters is is almost indispensable to be honest.
You will need to have it to be able to show to the uscis. Whenever you are doing a new h. 1b. Case or ultimately you are doing an h.
1b. Transfer. And if you don t have it what happens. Next is there is a chance of denial.
However our law firm has been able to even get approvals without those and client letters. But as a matter of principle. You have to have them entire letters is to to get the letters from the end client basically most id consulting firms operate in a way where the place the the candidates are all their employees to different locations. And that can be done to different layers from one id consulting firm a took our it consulting firm b to c d.
The ntid is d. So you need to have this this letter from from from d or trace. The whole thing. I know and they re there was another memo that came out explaining this but it s very important to have it and also another thing that we are seeing.
Which is becoming a a problem is when do you have to do an amendment on the h. 1b or when do you have to do a new lca well. If you are moving within the msa than the main. The same metal protein area you just need a chelsea.
If you are working for the same company. However. If you are doing moving out of this this area. It is recommended to do an amendment.
It s a case by case basis and we are recommending people to do it in certain cases. And we are not recommending them to do it in other cases. So it s quick to know that when do you file an lca or do an amendment on the h. 1b or do both of course.
If you re doing an amendment. You have to do an lc..
The other thing that people ask us okay. What happens if i want to work. I m getting my job is only certain number of hours in this company and then another company what do i do well you can file what we call a part time at wendy s multiple h1 b. s which is totally allowed and which is needs to be done and our law firm has done it successfully also now let us look at the green card for the permanent residents make most of those people who are most of the candidates or people who are on h1 b.
s will ultimately looked into a green card. Because the last word wellington. And the way. That is the most common is the firm.
The firm level certification and and the biggest problem that they have with with them oftentimes is the ability to pay what some people don t know is that ability to pay can be proven in different ways. Including approving on the net profit or the candidate is being paid the prevailing and the required wage or a combination of the net profit plus. The the wage. Which is already being paid also a net current assets boy combination of salary and net current assets.
So all this can be done at the need to be done at the outset before filing. The firm you don t want to check point. Where where you are on the i 140 level and you say okay oops now. I cannot file the case and there are other exceptions where you can also use the the assets of the owner of the business.
Another thing that we are seeing a very very common now is because of the fact. That h1 b. Is closed and people need candy ds. Or need employees are with with it skills.
Then using extensively students on opt. Which are which is optional practical training. Which is a work permit after you complete your degree or people on cpt while opt is not such a strict rules. Except you have to be working you can only have work usually for 90 days and less exceptional circumstances.
Cpt has a bigger problem cpt is a curriculum practical training. It s not it work for me people get confused on that because the problem is many people think. Oh i just get it and i keep working mini school. You have seen are in trouble because of this traveling.
University became one of them and one of the victims people became victims of that and also we are seeing it now with many other small schools. So don t abuse. The cpt. The cpt is not a work permit too.
Although it can be used for that the goal is to get you a kind of an internship. If i should call it that the other thing now you have people are not getting h..
1bs. So they are looking into what we call what we call the b 1. Visa. In you of the h.
1b. Which is a new kind of novel concept and this has to be applied at the outset and you need to meet the requirements. What it means basically someone can qualify for an h 1b and a specialty occupation. But what happens is the h.
1b is not open and the company needs that person here. While there are bunch of requirements that you need to meet on that which you can see on our blog immigration legal blog and basically you have to prove any specialty occupation. And you have to prove that person is not going to be paid in the us and you have to mention it at the outset. Some some people are mentioned it after the fact.
But that might not work. But it s a new concept. So we re looking into that it s not a great option for many companies. I guess.
It s very temporary so as soon as you get a chance don t keep your one advice to the it consulting firms don t keep your your candidates on opt or cpt put them on an h. 1b. As soon as possible the other thing that we are seeing a lot of problems on and people are coming back to us to fix those problems is real reliance on non lawyers to prepare the cases. I know the economies are the economy s tough and people think that by paying a non lawyer.
It would be cheaper to do you h. 1b or even do the perm. There are few things are about that for one another lawyer is not allowed to practice law. Without a license and if you are requesting them to practice law.
You kind of enough which is a crime in california for example you can be an accomplice of that and often times. We see those non lawyers have no ethical values they will cheat on the cases and even they don t cheat on your cases. They might cheat on other people s cases and then one day there s an investigation by the fbi or the uscis. You will be caught in the internet in that so be careful use a lawyer and we know many of them in the bay area operating illegally to but unfortunately and now your sea ice is cracking down on them.
But there s only so much they can do so use. A lawyer. Who s licensed to practice law like we are licensed. I am licensed in california hassan.
My partner is licensed also in california not california and chicago sorry so um. We can help you so make sure again..
You don t hire no more and then are the other thing is also using all the other alternatives of course. There are many other reasons you can use for example l1 is l. One ps movies as straight green card eb1 national interest waivers all those are things that you can use to get your yo. Yo employees.
Here. Your skill labor here. So don t just give up and get stuck only on h. 1b or other other avisa.
Where you sure you re not going to get it and also if you re going for stamping for your candidates. Make sure that everything is prepared properly otherwise. I need 221 g. Is going to give you a hard time.
So. All those issues are need to be addressed by lawyer. Who s that experience in doing this so our law firm has been doing it for a while now we have very good track record. We already we are rated and a vocal as you can see behind me my evil play 100.
Which is the highest hassan is above nine in the office. And we have been able to to win cases where certain times people don t even see any solutions and again whatever i am. Telling you today is for educational purposes. Only you should not actual referring to acts.
Only an informant under information provided you should contact an attorney. If you want to call us the number to call is 510 7425 887. Thank you very much ladies and gentlemen and keep listening and checking all our our articles. Youtube and radio shows by the way.
We have a radio show that runs 24 7. Is called attorney on eircom click on it you will get a lot a lot of questions. Answered for you thank you very much and till. The next video.
This is sharp rally broadcasting from york. ” ..
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“http://www.peerallylaw.com/9-things-it-consulting-firms-are-worried-when-dealing-with-the-immigration-process-2/n24/7 online radio http://attorneyonair.comnnSince the release January 2010, Neufeld Memo on H1B, many IT consulting firms have reduced their number of applications or stop applying for H1B in general. This article does not cover this memo but is intended to reinforce or demystify the issues related to H1B filing and permanent residence filing through a PERM labor certification.nnFirst of all we have to know what is an IT consulting firm. The IT consulting firm is usually what we know as temp agencies or placement companies. In a time of uncertainty, many big companies such as google, Microsoft, Boeing, and so on, find themselves in a dilemma of employment full time employees or temporary workers in order to continue doing business. Good business sense, dictates that having to hire more employees on a full time basis requires more administration to select and maintain these employees. Therefore, many of them choose just to contract the skilled temporary labor from small IT consulting firms. To this end IT consulting firms have become necessary evils . nnBecause most people do not understand the dynamic and thinking process of these companies and because some of these IT consulting firms have abused the system, they have forced the USCIS (United States Citizenship and Immigration Services) to apply strict rules on such small companies. This has resulted in a chilling effect of many of the genuine IT consulting firms. In turn, the employees of these firms are also very fearful. There are reasons to be fearful, but most of the fears can be addressed in a rational manner. Below are few reasons why they are afraid and what can be done to alleviate the fear:”,
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