ImmiTips

In general, when an employer employing foreign nationals decides to make deductions from such an employee’s salary, the employer must be sure that doing so would not push the employee’s actual wages below the prevailing wage required by the labor certification. Exceptions are made for “authorized” deductions that are required by law and/or that are also made against the wages of U.S. workers similarly employed.

The United States Citizenship and Immigration Services announced this afternoon that the quota for cap subject H-1B visas has officially been reached for the Fiscal Year 2012. USCIS will reject all cap-subject petitions for new H-1B specialty occupations workers with start dates in Fiscal Year 2012. Read more at: FY 2012 H-1B Cap Reached.
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In order to qualify for the EB-5 immigrant visa classification, the petitioner must show that (s)he has the required funds to actively invest in an enterprise that will create no less than 10 full time jobs for U.S. citizens or other qualified workers. Not only must the petitioner provide sufficient funds—acquired lawfully—but the petitioner must also take an active role in the enterprise in which (s)he invests.

If passed, the StartUp Visa Act of 2011 would create an opportunity for immigrant entrepreneurs to bring their innovative business plans to the United States. It would add to the number of immigrant visas issued every year, but would draw from the number of visas already allocated to the EB-5 visa classification. In recent years, only half of the yearly allotment of visas in the EB-5 category has been issued. In theory, the implementation of the Act would help stimulate the U.S. economy by attracting a greater number of talented entrepreneurs who may not have qualified for immigrant visas before due to financial limitations.

PERM, or the Program Electronic Review Management System, is the process through which employers looking to hire foreign nationals to work in the United States on a permanent basis may gain approval. PERM applicants must file form ETA 9089 with the Department of Labor.