Redefining the H-1B Category: Proposed Legislation and USCIS Adjudication Trends
The Protect and Grow American Jobs Act (H.R. 170), which will potentially create several substantive changes to existing rules for H-1B dependent employers, was approved by the House Judiciary Subcommittee last November 2017. The bill will revise the definition of a dependent H-1B employer and increase the legal compliance obligations of companies with one-fifth or more workforce holding H-1B visas.
This LIVE Webcast will provide the audience an in-depth analysis of the fundamentals as well as recent developments in the Protect and Grow American Jobs Act. A panel of key thought leaders brought together by The Knowledge Group will provide practical tips and strategies to help companies maximize opportunities while minimizing risks.
Key topics include:
- The Protect and Grow American Jobs Act - An Overview
- Obligations, Exemptions and Restrictions
- Definition of an H-1B Dependent Employee
- Enforcement Priorities and Public Disclosure
- Trends and Updates
Jennifer Behm, Esq., Partner
Berardi Immigration Law
- “Buy American, Hire American” Executive Order
- Overview of EO, target/impact on H-1B category
- Resulting adjudication trends:
- No more “prior deference” benefit
- Level I wage RFEs – how to handle
- Scrutiny of certain occupations – Programmers, CSAs, Management Analyst
- Third-party worksite memo & “Employee-Employer Relationship”
- Future of the H-1B program (speculation?)
Tracy Schauff, Senior Attorney
Fakhoury Law Group
- Overview of Protect and Grow Jobs Act
- Attempt to reduce the number of H-1B workers in those companies that utilize large numbers of foreign workers
- Will allow wage requirements to keep pace with Consumer Price Index
- The intent is to close a perceived “loophole” and make employers pay sufficiently high wages
- Redefines the term “Exempt H-1B Nonimmigrant” – eliminates exemption for one who has attained Master’s or higher and raises minimum annual salary to $100,000.
- Minimum salary to be adjusted based on Consumer Price Index every 3 fiscal years
- Surviving a year of increased scrutiny and planning ahead
- Even without a bill, USCIS is moving towards eliminating the use of Level I wages
- No regulatory changes at this time but numerous adjudicatory changes are evident
- Increase in RFEs up 44% over same period last year
- Increase in Denials - Both on Initial and extensions
- Increased enforcement and site visits
Lisa Sotelo, Attorney
Elise Healy + Associates PLLC
- What last year has shown us and strategies
- Touch on proposal and what it would mean
Who Should Attend:
- Labor & Employment Lawyers
- Human Resource Personnel
- Tax Professionals
- In-house Counsel
- Other Interested Professionals
Jennifer Behm is a Partner with Berardi Immigration Law. Ms. Behm advises multinational companies and individual clients in all aspects of business immigration law, including nonimmigrant work permits and visas, treaty trader and investor visas, family and employment-based green cards, NAFTA matters, criminal waivers, and applications for U.S. citizenship. Ms. Behm is well versed in cross-border immigration matters for Canadian citizens.
Ms. Behm was introduced to the immigration law practice while interning with a large, corporate firm in Philadelphia where she worked on employment and family-based immigrant and non-immigrant petitions. Ms. Behm also interned with the Chief Counsel’s Office of Immigration and Customs Enforcement (“ICE”) in Buffalo, NY. Ms. Behm joined Berardi Immigration Law in 2011 where she continues to assist business professionals in securing employment-based work permits and U.S. permanent residence.
Jennifer Behm is a Partner with Berardi Immigration Law. Ms. Behm advises multinational companies and individual clients in all aspects …
Before joining FGI, Tracy Schauff has accumulated over twenty years of experience in immigration law within traditional law firms, as a solo practitioner, and as in-house counsel. Her commitment has been guided by two overarching goals: to help U.S. businesses acquire the very best talent available and to help individuals and their families make better lives for themselves. Tracy works with FGI clients in the automotive, IT, academic, and medical fields and specializes in all major areas of immigration law practice with a particular focus on compliance issues. She enjoys, as she describes it, “working with clients to audit and streamline processes to ensure that we are meeting their goals and maintaining compliance.”
She earned a Bachelor of Arts in sociology and a Masters of Arts in political science, both from Bowling Green State University, and her J.D. from the University of Toledo College of Law. She is licensed with the Supreme Court of Ohio. Tracy is also a member of the American Immigration Lawyers Association (AILA), former Board Member of the American Council on International Personnel (ACIP), Global Detroit (Detroit Regional Chamber of Commerce), and NAFSA: Association of International Educators. She is a frequent speaker at national conferences and has given numerous presentations, webinars and training sessions to such bodies as the League of Women Voters, the Michigan Association of International Educators, the American Society of Employers, the University of Michigan, ACIP, AILA and NAFSA.
Before joining FGI, Tracy Schauff has accumulated over twenty years of experience in immigration law within traditional law firms, as …
Lisa Sotelo focuses her practice on business immigration, worksite compliance, and investor petitions. She counsels corporations, educational institutions, and individuals on a variety of business immigration issues. Her previous experience includes working at full-service immigration law firms where she represented clients not only in employment-based cases but also in federal litigation, international adoption, family matters, and immigration court proceedings. She is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and has served in various leadership or liaison positions with the Texas Chapter of the American Immigration Lawyers Association (AILA). She is currently the Vice-Chair of the State Bar of Texas Immigration and Nationality Section and she is a frequently invited speaker on issues related to business or corporate immigration in both academic and industry-related conferences.
Lisa Sotelo focuses her practice on business immigration, worksite compliance, and investor petitions. She counsels corporations, educational institutions, and individuals …
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Method Of Presentation:
Basic Knowledge on Immigration Laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Berardi Immigration Law
Berardi Immigration Law was founded in 2005 by former INS Inspector and Attorney Rosanna Berardi who had the vision of creating a different type of law firm, one that focuses on client service and responsiveness. Today, Berardi Immigration Law is respected around the world for its knowledgeable immigration legal services team and the firm’s commitment to a personal, high-touch experience for clients.
Berardi Immigration Law focuses exclusively on immigration law. With roughly 20 categories of visas available and a consistently changing adjudication landscape, it makes sound business sense to partner with a firm that is wholly dedicated to both the art and science of immigration law. From getting professionals the work permits they need to work in the U.S., to helping cross-border couples live together in America, Berardi Immigration Law is committed to helping their clients navigate the ins-and-outs of immigration law.
About Fakhoury Law Group
For the past 20 years, Fakhoury Global Immigration (FGI) has specialized in U.S. and global based business immigration. The firm’s client list consists of the world's most innovative brands ranging from the Automotive, IT, Engineering & Healthcare industries. FGI’s global staff is comprised of 100+ attorneys, paralegals and immigration consultants that are equipped with the resources and expertise to deal with any immigration matter effectively. To accommodate the firm’s growth and to service its clients across time zones, FGI has expanded from its Midwest headquarters to 4 additional global locations consisting of India, California, Colorado, & New York. FGI distinguishes itself from traditional immigration law firms through the application of technology-driven solutions and Six Sigma processes. The firm and its attorneys have received multiple awards such as the AV ranking from Martindale-Hubbard, Super Lawyers 2016, Who’s Who Legal and US News 2016. All of these awards recognize outstanding legal thinking, high ethical standards, and excellent results. This year marks FGI’s 20th anniversary, and the firm is celebrating its success in becoming Michigan’s largest independent immigration law firm.
About Elise Healy + Associates PLLC
Based in downtown Dallas, Texas, Elise Healy + Associates pllc (EHA) focuses solely on business and investor immigration law. With its seasoned, responsive immigration lawyers, the firm represents Fortune 500 companies, multinationals, middle market businesses, and individual business owners and investors by delivering legal answers and strategies that work. With our broad range of expertise, we assist employers in transferring executives, managers, or specialized professionals to the US for temporary or permanent assignments; secure permanent residence for researchers, professors, individuals of extraordinary abilities, multinational managers or executives, and professionals of all kinds; obtain PERM labor certifications for highly-skilled employees; achieve compliance with both federal and state immigration laws; and conduct I-9 compliance audits and train HR and legal staff. We assist investors in selecting the right temporary visa to develop and manage a business in the US; make an effective visa application at the US consulate abroad; or secure permanent residence through the EB-5 program. For over 20 years, EHA has built its reputation as nimble and extremely responsive experts in US immigration law. It has the technology to deliver immigration legal service of the highest quality, when and where you need it.