Dealing With the End of Employment for a Foreign National

Charles Kuck Blog Leave a Comment

We are frequently asked what obligation does an employer have when it terminates a foreign national employee, and what options are available to the foreign national employee if he is terminated.  This memo provides guidance to employers in dealing with immigration matters for the employee who is terminated, with or without cause, or who chooses to leave the employer.  Employers terminating foreign …

Liable for Back Wages After Termination of H1B employee? Maybe Not Anymore!

Charles Kuck Blog Leave a Comment

By Anna Erwin, Associate Attorney Has your employment been terminated while under H-1B status or have you terminated an H-1B employee? The standards under immigration law for what a previous H-1B employee can receive in back wages after termination are now significantly affected by whether the employee obtains subsequent employment after termination. H-1B status is of particular benefit to foreign …

When A Visa Extension Is NOT a Status Extension

Danielle Claffey Blog Leave a Comment

In a recent unpublished decision, the Board of Immigration Appeals (“BIA”) issued a rather devastating opinion on the subject of immigration status and adjusting to permanent residence.  The BIA held that the foreign national accrued “unlawful status” (but not “unlawful presence) during the pendency of his ultimately denied H-1B extension of status petition and after the initial H-1B had expired.  …

What Happens When USCIS Breaks The Law?

Kuck Immigration Partners Blog Leave a Comment

Perhaps it has been too long since USCIS has truly been held accountable for its actions that it has become desensitized to the legal constraints under which it is permitted to operate. The USCIS is not given carte blanche to make whatever changes or interpretations it wants to long-standing immigration law, without first complying with the Administrative Procedure Act (”APA”). …

H-1B Investigations–USCIS Run Amok!

Kuck Immigration Partners Blog Leave a Comment

As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not …

Where, O Where Have My High Skilled Immigrants Gone?

Kuck Immigration Partners Blog Leave a Comment

Ewing Marion Kauffman Foundation released a study today that indicates placing limits on foreign workers in the U.S. is not the answer to the country’s rising unemployment rate and may undermine efforts to spur technological innovation. You have to ask yourself, “Is anyone surprised by this?” I mean come on. What kind of person actually believes that by STOPPING advanced …

H-1Bs and US Workers – The Banks and The Bailout

Kuck Immigration Partners Blog Leave a Comment

The Associated Press ran an absolutely poorly researched piece on H-1B visas and the Banks receiving Bailout money from the Federal Government on Sunday. The article implied that as the Banks were taking bailout money they were simultaneously firing US workers and hiring cheap foreign labor. After I finished laughing out loud, I began to weep. I was stunned that …