Tag: LCA

U.S. Citizenship and Immigration Services (USCIS) requires an employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid “employer-employee relationship.” In 2020, the agency issued an updated policy guidance to adjudication officers, which clarified the requirements to establish an “employer-employee relationship” to qualify for the H-1B […]

The COVID-19 pandemic greatly shifted workplace environments around the world. Many companies implemented long-term remote options for their employees. Since this implementation, several questions were raised as to how U.S. visa holders would navigate this drastic change. One common question we receive is: can an H-1B, L-1 or TN visa holder work remotely for a […]

Every fiscal year, approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of US immigration law. Employment based immigrant visas are divided into five preference categories. These five preference categories include priority workers and persons with extraordinary ability, professionals holding advanced degrees and persons of exceptional ability, skilled workers, professionals, […]

The United States Department of Labor (DOL) regulations require all H-1B employers to maintain a list of records regarding the H-1B workers that they employ. These records are referred to as the public access file, or PAF. The PAF includes documentation of such information as the rate of pay for the H-1B workers and a […]

Employers should take note of several changes the Department of Labor (DOL) has made to the labor condition application (LCA) that is currently in effect. Recent changes primarily effect employers who place H-1B dependent foreign national employees at offsite locations.   Employers are mandated to have an approved LCA from the Department of Labor if […]

Mary Lamancuso began her immigration career in 1987 as a legal assistant at a small, Buffalo-based law firm. Under attorney supervision, Mary was responsible for preparing and submitting various applications for immigration purposes, including H-1B, TN, and employment-based immigration and adjustment of status applications. She gained extensive experience in preparing and submitting applications for labor […]

Maintaining a public access file is an integral part of complying with H-1B laws. The purpose of a public access file is to create a singular file in the employer’s place of business that contains documents that prove the employer is satisfying the minimum legal H-1B requirements. Once a public access file compliance system is […]