CORONA VIRUS / COVID-19 ADVISORY

Due to the health risks posed by the Corona Virus tragedy, our office is following the directives of the governor of California in order to minimize the risks to our staff, our clients and our community. Our office will continue to operate fully, as it has thus far, observing our normal schedule, Monday through Friday from 8:30 a.m. to 5:30 p.m. We will continue to schedule appointments to meet with clients and will do this via ZOOM or Telephone only.

If you would like to schedule an appointment with any of our lawyers or staff members, please do so by calling our office at 619-291-1112. You can also contact us via e-mail at [email protected]janbejar.com

Thank you for your understanding.

AVISO DE CORONA VIRUS / COVID-19

Debido a los riesgos para la salud planteados por la tragedia del Virus Corona, nuestra oficina está siguiendo las directivas del gobernador de California para minimizar los riesgos para nuestro personal, nuestros clientes y nuestra comunidad. Nuestra oficina seguirá funcionando a pleno, como lo ha hecho hasta ahora, cumpliendo con nuestro horario habitual, de lunes a viernes de 8:30 a.m. a 5:30 p.m. Continuaremos programando citas para reunirnos con los clientes y lo haremos solo a través de ZOOM o por teléfono.

Si desea programar una cita con alguno de nuestros abogados o miembros del personal, hágalo llamando a nuestra oficina al 619-291-1112. También puede contactarnos por correo electrónico a [email protected]

Gracias por su comprensión.

Resolving Immigration ProblemsIn An Honest & Responsible Manner

USCIS settlement might make getting H-1B visas easier

Many companies in California rely on H-1B workers to fill vacant positions for which they cannot find enough U.S. workers. Some companies rely on third-party staffing companies to secure the H-1B workers that they need for their vacant positions. The U.S. Customs and Immigration Services (USCIS) recently settled a lawsuit, and the settlement is a win for H-1B workers and the staffing companies that sponsor them.

The USCIS has interpreted what constitutes an employer-employee relationship narrowly for years. The interpretation affected off-site employment of H-1B workers. In a 2010 memo, the USCIS asserted that it could deny H-1B visa applications based on a restrictive interpretation of an employer-employee relationship for off-site work. Under the USCIS’s interpretation, H-1B visa holders were required to submit extensive accounts of all of the work that they performed.

Two lawsuits were filed against the USCIS about its interpretation of the employer-employee relationship for H-1B workers who work off-site. The courts hearing the cases both ruled against the USCIS and found that its narrow interpretation of the employer-employee relationship was not supported by the Immigration and Nationality Act or the agency’s regulations. The USCIS, subsequently, agreed to end its requirement for off-site workers to account for what they did during each workday when they are off their employers’ primary sites.

The settlement agreement might make it easier for staffing companies to secure H-1B visas for the workers that they need for other companies. Staffing companies may want to work with employment immigration attorneys for help with submitting their H-1B visa applications to sponsor highly skilled employees. A lawyer might help their clients to ensure that they have submitted all of the required documentation correctly so that mistakes might be avoided. This may help to increase the chances that their clients’ H-1B visa petitions might be approved.

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