Mark A Ivener, A Law Corporation

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Employer Personally Liable for Back Wages, Costs of Obtaining J-1 Waivers and H-1B Visas

It has been the position of the Department of Labor for some time that the legal fees and filing fees to obtain H-1B visas are an employer expense. However, a recent case expanded the employer’s responsibility to include the cost of obtaining a J-1 waiver. On August 20, 2014, the United States Court of Appeals… Read More

Proposed Legislation Seeks to Extend EB-5 Visa and Eliminate Country Caps

In May 2014, Congressman Aaron Schock and Congresswoman Tulsi Gabbard announced bipartisan legislation pertaining to the EB-5 visa program. They propose permanently extending the EB-5 program and eliminating the current country caps. The bill, H.R. 4659, was assigned to a congressional committee which will consider it before possibly sending it on to the House or… Read More

E-Verify Requirements

E-Verify is a free Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA). It helps employers determine employment eligibility of new hires and the validity of their Social Security numbers. It verifies employees’ data against millions of government records and provides results within seconds to confirm employment eligibility. The… Read More

Termination or Layoff of H-1B Employee

Even though reports suggest the United States’ economy is improving, terminations, layoffs, forced leaves of absence, hiring freezes, salary and benefit reductions, and reductions in hours, are still prevalent hovering threats across all industries. Labor laws protect many employees from the consequences of such actions, but businesses should also be aware of applicable immigration laws.… Read More