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Immigration Innovation Act Re-introduced

Discussion in 'Immigration legislation' started by Ron Gotcher, Jan 13, 2015.

  1. rsr_am

    rsr_am New Member

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    these so-called consulting companies are just recycling employees every way they possibly can: H-1/L-1/B-1, leaving the real players trying their luck at the annual lottery. if i am not mistaken, these companies are throw a bunch of applications every Apr 1 hoping to get few or more get selected in the 'lottery'... I don't see this getting addressed even if the cap is hiked to the number that is proposed by I2 act.

    Enforcement as Ron suggests(just 1 or two of these biggies) is an option - It surely will hit them where it hurts.
    And in future, replacing prevailing wage with something at market levels will certainly deter their abuse, IMO - for both H1 and L1.
     
  2. ColumbusDude

    ColumbusDude Active Member

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    Agreed. But if the "Petitioner's Product" is outsourcing...then what?
     
  3. s_gan

    s_gan Super Moderator

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    If that is the case why is L1A/L1B a dual intent visa ?

    What you say is true for B1 and not L1A/L1B.

    I think the L1B denials are due to the fact that these companies keep them in both US and India payrolls and pay part of their salary in India

    http://www.uscis.gov/working-united...intracompany-transferee-specialized-knowledge
     
    Last edited: Mar 18, 2015
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't understand the question about dual intent. Please elaborate.
     
  5. s_gan

    s_gan Super Moderator

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    If the guys who come on L1B or L1A are not actually supposed to work in the US but implement only solutions developed in India how can that work experience be used by the same employer to sponsor a green card ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Generally speaking, it can't.
     
  7. s_gan

    s_gan Super Moderator

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    Ah! I understand what you meant. What you said is applicable when the L1B is working for an unaffiliated employer (client)

    • The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    And work for an unaffiliated employer is illegal.
     
  9. Kamakazee

    Kamakazee Super Moderator

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    That's the reason many change status to H1B from L1B when their company files for GC. I met a few H4s who were frustrated because earlier they used to work on L2 EAD but cannot now after spouse changed status to H1B. If L1B brings in "specialized knowledge", how can they simply convert to H1B?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they are otherwise qualified, and get selected in the lottery, there is nothing to prevent an L from converting to H1B.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    So it is pretty much like a fresh H1B application and the company tweaks the job description accordingly even though the person is probably working in the same position and simply goes from L1B to H1B.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As I wrote earlier, ICE and the USCIS aren't doing their job investigating these cases.
     
  13. s_gan

    s_gan Super Moderator

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    From the link I posted earlier it is very clear that those restrictions are applicable only when the guy is working for a client.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Subject to limitations:


    The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent. In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:

    • The employee will not be principally controlled or supervised by such an unaffiliated employer; and
    • The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer.
     
  15. s_gan

    s_gan Super Moderator

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  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't like caps because they artificially control the market. Rather, the government should use that $500 they charge and actually go out to every job site to verify that people are doing what they are supposed to be doing. The L category is intended to facilitate intracompany transfers. Executives and managers may move to the U.S. with little difficulty. Make sure that they are really executives and managers. Similarly, specialized knowledge means knowledge that is not generally available in the U.S. It does not mean that consulting companies can bring in L1Bs and then farm them out as consultants.
     
  17. s_gan

    s_gan Super Moderator

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    No one is interested in actually plugging fraud. They want to keep the fraud alive to prevent any sensible reforms.

    Yesterday's hearing is one such example.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I agree.
     
  19. jdoe99

    jdoe99 Well-Known Member

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    Ron,
    I understand the the Government will not do anything against these "big Indian consulting" houses as they probably lobby hard with tons of money. However, it is hard to understand why USCIS which is outside those limitations does not cut it down. They are not averse to looking at EB1 A/B stringently and with Kazarian type memos when they thought there was fraud. However, EB1C does not see to have any boundaries. Couldn't they issue such memos and throttle it. If it is for fees As far as fees go, they don't have a problem due to the backlog anyway. Its not as if they get more from one type of application vs others. Similarly for L1.

    Also given the view that most people within USCIS are anti immigrant, wouldn't cutting the knees of L1/EB1C abuse give them the feeling of empowerment? Its not a secret and everyone involved with legal immigration seems to know the exact process of abuse and companies involved. Why does USCIS look the other way?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They only pick on people who can't fight back. The big companies have teeth.
     

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