Mark A Ivener, A Law Corporation

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President Obama Considers Changes To OPT Rules

When a foreign-born student graduates from an American university, he or she is often faced with a difficult choice: Do I return home, or try to remain in the United States? Most employers hope the student will choose the second option, which ensures the student will be able to put his or her training to… Read More

HR Alert – H-1B Preparation Season Begins in January of 2015

HR Managers, Corporate Recruiters, and others involved with hiring and maintaining the legal working status of employees should begin planning now for the annual H-1B filings which will occur on March 31, 2015. Current legislation allows 65,000 new H-1B workers each year with an additional 20,000 for individuals with US Masters Degrees. For the last… Read More

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

H-1B Visa Extension Petitions

H-1B status can be initially obtained for a maximum of three years. It may then be extended, at first for up to three more years. The normal maximum amount of time a foreign national can stay in the U.S. with H-1B visa status is six years. An application for an H-1B visa extension may be made… 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