MDIVANI CORPORATE IMMIGRATION UPDATE

SCOTUS Rules to lift Injunction on Public Charge Final Rule-What does that mean for employers?

What is going on? In October, I posted about the Public Charge Grounds final rule that amends how the Department of Homeland Security (DHS) determines individuals as inadmissible to the United States based on whether they are considered "likely at any time to become a public charge." Immigrants pursuing permanent residency in the US could be considered a "public charge" based on their possible need for financial assistance from the government. This week, the U.S. Supreme Court (SCOTUS) ruled 5-4 to lift the nationwide injunction that was previously postponing the implementation of the rule. Why should I care? The current Administration's final rule and rhetoric is painting an incorrect image

The H-1B Visa: Which Jobs Qualify?

H-1B season is upon us, and U.S. business owners want to know if the H-1B visa is a viable option to employ talented foreign workers. The answer to this question depends first on the true minimum requirements of the job being offered, and then on the foreign worker’s qualifications. Does the job qualify? While many employers focus on the incoming employee’s qualifications, they should first look at the job requirements. The first question is “does the position require a bachelor’s degree in a specific specialty?” If this is a position that could be filled by someone with less than a bachelor’s degree, then the position does not qualify for H-1B, and it does not matter that the foreign worke

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United States

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