MDIVANI CORPORATE IMMIGRATION UPDATE

Employer Stands to Lose More Than a Million Dollars due to Confusion Over who Should be in the Drive

A recent decision, Kutty v. United States Department of Labor, from the Sixth Circuit of the United States Court of Appeals, reinforces a basic principle of immigration law with respect to H-1B visas for professional workers, which is that it is the U.S. employer (and not the foreign employee) who is responsible for the H-1B process, compliance with H-1B regulations, and fees related to the process. Like so many other employers, an owner of medical clinics who hired workers in H-1B status, Dr. Kutty did not understand employer obligations under the H-1B process. As a consequence, the Department of Labor (“DOL”) found that the medical clinics were in violation of the H-1B regulations. The D

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Overland Park, KS 66211

United States

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