Prior to preparing the H-1B petition for a foreign employee, US employers shall determine whether the specific occupation falls under the H-1B category or not. Currently, the H-1B category covers only foreign employees who come to US to perform services in a specialty occupation or are models of distinguished merit and ability.
A specialty occupation is an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation. To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) The employer normally requires a degree or its equivalent for the position; or (4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. INA § 214.2(h)(4)(iii)(A). Some occupations clearly fall under the specialty occupation for H-1B purposes, and employers do not have to do much to show that the offered position is in a specialty occupation. The list of these occupations includes, but is not limited to, lawyers, accountants, engineers, architects, psychologists, scientists, and financial analysts. For these occupations, employers do not need to submit extensive evidence to show that the position is in a specialty occupation. For other occupations, which do not clearly fall under the specialty occupation category, employers will have to demonstrate that the position is in a specialty occupation. Employers can demonstrate that the position is in a specialty occupation by showing that it meets one of the criteria specified in the Immigration and Nationality Act. The adjudicators at USCIS rely on the Department of Labor’s Occupational Outlook Handbook to determine whether the position is in a specialty occupation or not. This handbook specifies the duties and requirements for different positions, including the requirements for entry into the specific occupation. The Handbook can serve as a comprehensive guide for employers to determine whether the specific position will qualify as a specialty occupation or not. Employers shall keep in mind that the H-1B category does not cover all the occupations, but only specialty occupations. Hence, employers shall determine whether the specific position is in a specialty occupation, and only after that shall start working on the H-1B petition. If the position is not in a specialty occupation the H-1B petition will not be successful, and employers should think about alternatives.
Do you need more specific information? A Glendale immigration lawyer at KAASS LAW can provide you with any sort of legal assistance you may need. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
Generally, in order to be eligible for asylum or refugee status, one must prove that they are either:
If you were a passed victim of ill treatment, you must prove that you were mistreated, abused, or discriminated against in your home country or last country you lived in. The abuse, mistreatment, hostility or harassment must have been based on one of the following:
In some cases, ones gender may also be a reason for the abuse, harassment, hostility or ill treatment. Generally, in these type of circumstances relate to cultures that generally practice female genital cutting or forced marriage. If you want to apply for asylum or refuge in the U.S. consult with an experienced U.S. immigration attorney in Los Angeles for free. Contact our immigration attorneys at (310) 943-1171.
Only certain number of H-1B petitions can be approved each year. There is an annual limit for new admissions in the H-1B category. An H-1B number must be available at the time of adjudicating a new petition, and USCIS will not approve an H-1B petition once the annual cap has been reached.
Only 65,000 new H-1B petitions can be approved each fiscal year. However, it should be noted that this number is reduced under the US-Singapore and US-Chile Free Trade Agreements. Under these agreements, 6,800 H-1B numbers shall be available for citizens of Chile and Singapore each fiscal year. Hence, the actual annual cap is not 65,000 but 58,200. If any part of the number set aside for Chile and Singapore is not used during a fiscal year that number is added to the general annual cap for the next fiscal year. It is also worthy to mention that only initial H-1B petitions are subject to the annual cap. Petitions for sequential employment, concurrent employment, extensions of stay, and amended petitions are not counted against the gap.
There is an exemption from H-1B annual cap for 20,000 foreign employees with advanced degrees from US universities. To fall under this exemption, the foreign employee must have a master’s or higher degree from a US university. A master’s degree is a degree for which a bachelor’s degree in any field is required. The place of the specific degree in the academic hierarchy of degrees should be considered in order to determine whether it qualifies as a master’s or higher degree or not. If the petition qualifies for another exemption, in addition to the advanced degree exemption, officers shall apply the exemption that does not include numerical limitations before applying the advanced degree exemption.
heAll US employers willing to sponsor foreign citizens for H-1B visa must submit the labor condition application (LCA) first. Employers must submit a certified LCA with the Department of Labor before filing an H-1B petition, ensuring the H-1B employee's job does not negatively impact the wages and working conditions of US workers.
Form ETA 9035/9035E is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years.
Many people often confuse the LCA with the labor certification application that US employers must file with the Department of Labor for most employment-based immigrant visas. However, these two applications are different.
Before filing the labor certification application, US employers must conduct specific recruitment steps and can only submit the application if they cannot find a qualified US employee. In contrast, employers can file the LCA without conducting any recruitment steps, making it a much simpler application compared to the labor certification application. LCA’s only purpose is to ensure that the employment of the H-1B worker will not negatively affect the wages and working conditions of US employees.
US employers willing to sponsor foreign employees for H-1B visa must understand all the steps involved in the process of preparing and filing the petition for a nonimmigrant worker. Generally, H-1B petitions are filed in the beginning of April for employment that shall start on October 1 of the same year. However, in order to be able to file the petition in April employers must comply with certain preliminary requirements.
First, the employer must determine the prevailing wage they have to pay the H-1B employee for the specific occupation in the geographic area. Employers can request the prevailing wage from the Department of Labor by submitting an Application for Prevailing Wage Determination. Alternatively, employers can obtain the prevailing wage from the Foreign Labor Certification Data Center Online Wage Library (www.flcdatacenter.com). This database includes four wage levels for each listed occupation in all geographic areas.
After obtaining the prevailing wage, employers have to file the labor condition application (LCA) with the Department of Labor. Employers cannot file the H-1B petition without a certified LCA. The United States Citizenship and Immigration Services and the Department of Labor require US employers to file the LCA in order to ensure that the employment of the H-1B employee will not adversely affect the wages and working conditions of US workers.
California voters approved the legalization of the recreational use of marijuana under Proposition 64. Accordingly, Proposition 64 would allow anyone 21 and older to possess, transport, buy and use up to 1 ounce of marijuana for recreational purposes. Further, this will also allow anyone 21 and older to grow up to six cannabis plants.
Theoretically, federal authorities would be able to enforce marijuana laws because the recreational use of marijuana is illegal under federal law. However, federal officials have noted that they do not plan to enforce many marijuana laws that have legalized the recreational use of marijuana.
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In order to be found guilty of extortion, the prosecutor must be able to prove all 4 elements of Extortion by threat or force under Penal Code 518 PC. There elements are:
California law generally prohibits individuals from recording confidential communications between two or more parties.
Under Penal Code Section 632 (PC-632), authorized under the California Invasion of Privacy Act, makes it illegal for an individual to record a “confidential communication” whether the communication is carried among one of the parties or recorded on a telephone.
California Penal Code section 632.7 enforces criminal liability upon persons who record confidential communications. While Penal Code section 637.2, enforces civil liability upon persons who intercept or receive a communication involving a cellular or cordless telephone and record the communication without consent.
Under Penal Code § 632(c), defines “confidential communication” as any communication disclosed between two persons in a private environment. This excludes communication exchanged between two people in a public environment because the conversation could be overheard or recorded by anyone within the vicinity of that area.
Consumers are increasingly purchasing unmanned aircraft, or drones, with estimates predicting they will buy around 700,000 this year alone. It is important to know and understand which laws and regulations govern the recreational use of drones.
The Federal Aviation Administration (FAA), with state and local governments, regulate the recreational use of drones. The main purpose of these regulations is to ensure public safety. Thus, the FAA has set specific limitations for such use. For example, the FAA limits recreational drones to daytime use only.
The most common fundamentals of moral turpitude crimes include crimes such as larceny, fraud, theft, DUI, murder, rape, spousal abuse, and intent to harm persons or things. Below is a list that includes, but is not limited to examples of crimes that fall under "crimes of moral turpitude".
If you commit a crime and get found guilty, you risk deportation or removal proceedings. If you face these risks due to a conviction, or if you believe criminal charges may harm your immigration status, you must speak with an immigration attorney experienced in criminal matters. Therefore, if this applies to you, call our office to schedule a free consultation with a Los Angeles immigration attorney.
Generally, convictions considered or determined to be “crimes of moral turpitude" or “aggravated felonies” may affect your immigration status.
Some common fundamentals of moral turpitude crimes include crimes with the INTENT of harm. The following are some specific examples of “moral turpitude crimes”
If you suffered severe persecution in the past, you are presumed to face future persecution as well. If the U.S. government tries to argue that your country is considered safe for you to return, but you still fear future abuse, mistreatment, harassment because of how severe your passed persecution, Under 8 C.F.R. § 208.13(b)(iii)(A), you may qualify for something called humanitarian asylum, which grants receive asylum if you are able to demonstrate “compelling reasons for being unwilling or unable to return to the country arising out of the severity of the past persecution” or “there is a reasonable possibility that [you] may suffer other serious harm upon removal to that country.” For instance, if you were forced to go back to your home country or the last country you lived in, you might qualify for humanitarian asylum because you fear that you may become a social outcast. Or for instance, if everything you owned back home was destroyed, burned down, boomed, or you may potentially face extreme emotional trauma if you return to your home country or the country where you last lived, you might qualify for humanitarian asylum. If you want to apply for asylum in the U.S. consult with an experienced U.S. immigration attorney in Los Angeles for free. Contact our immigration attorneys at (310) 943-1171.
During the recent years the annual H-1B cap is usually reached within a few days after the start of the filing season. USCIS decides which H-1B petitions will be approved by conducting a lottery. The petitions received within 5 business days after the start of the filing season can participate in the lottery. USCIS first conducts lottery for petitions subject to the advanced degree exemption. After that USCIS conducts lottery for petitions subject to the regular cap. Petitions not selected during the first lottery participate in the second lottery as well.
In addition to the US advanced degree exemption, there is also an exemption for employees of certain organizations. Particularly, petitions filed by institutions of higher education, affiliated or related nonprofit entities, nonprofit research organizations, or government research organizations are exempt from the annual cap. Third party petitioners can also claim this exemption if the H-1B employee will perform job duties at the qualifying organization and directly and predominantly further the essential purposes of the qualifying institution.
As it can be seen, the annual number of available H-1B visas is very limited, and there are just a few exemptions from the general cap. During the recent years the annual cap was reached within a few days after the start of the filing season. Hence, employers, willing to hire foreign workers, must have their H-1B petitions ready by the beginning of the filing season in order to get a chance to participate in the H-1B lottery.
An immigration attorney can provide you with additional information regarding such matters.
By submitting the LCA employers make several attestations required by law before the Department of Labor may certify the LCA: That the employer will pay the employee at least the prevailing wage for the specific occupation in the geographic area.
Most employers file LCAs online through an electronic system, and you can find the LCA link here. Employers must create an employer account in order to file the LCA. Alternatively, the employer’s counsel can file the LCA through their attorney account. Employers can submit LCAs to the Department of Labor by mail if they obtain prior approval for this method. They must file the LCA no more than six months before the employment begins. There is no fee for filing the LCA with the Department of Labor.
The Department of Labor usually approves the LCA within seven (7) business days from the filing date. They reject the LCA only if it is incomplete or contains obvious inaccuracies. The Department of Labor may approve the LCA for a maximum period of three (3) years. After receiving certification, the employer must print and sign the LCA. The employer must maintain the original in its files. Additionally, the employer must keep a copy of the signed LCA in the public access file created for the specific H-1B case. Another copy of the LCA shall be sent to USCIS with the H-1B petition.
Employers shall file the LCA about a month before submitting the H-1B petition, taking into account that it takes the Department of Labor seven (7) business days to certify the LCA. Employers should be aware that sometimes the online electronic system does not recognize the information submitted by the employer, and employers have to send additional verifying information. This usually happens with the Federal Employment Identification Number, and employers have to send additional documents to verify that the EIN number is a real one. If employers prepare for the submission of the LCA beforehand even in case of such complications they will have the certified LCA by the deadline for filing the H-1B petition.
Certification of the LCA is an important part of the process of filing the H-1B petition. Employers shall keep in mind that they must have a certified LCA by the deadline for filing the H-1B petition and shall prepare and submit the LCA beforehand to avoid any complications during the filing season.
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The LCA is filed online through an electronic filing system (www.icert.doleta.gov). If the LCA is complete and there are no obvious inaccuracies, the Department of Labor has to certify the LCA within seven days from the date of filing the application. Employers shall file the LCA at least three or four week before filing the H-1B petition because sometimes the online system does not recognize certain information submitted by employers, and employers have to send additional verifying documents. For example, sometimes the online system does not recognize the Federal Employer Identification Number, and employers have to submit additional proof showing that the number is a real one.
After obtaining the certified LCA, employers can file the H-1B petition and supporting documents with USCIS. The filing period for H-1B petitions starts on April 1 of each year for employment starting in October of the same year. Generally the annual cap on H-1B visas is met within a few days after the start of the filing period. Hence, employers shall file the H-1B petition as soon as possible after the start of the filing period. The petitions received within the first five business days will participate in the lottery, and the winners will get the H-1B visa. Even if the applicant meets all the requirements and the employer has filed the H-1B petition on time, it is not guaranteed that the applicant will get the H-1B visa as the winners are selected during a lottery conducted by USCIS.
The H-1B petitions are usually processed within a couple of months after the lottery. If employer requests premium processing, the cases are processed within fifteen calendar days. Sometimes USCIS may request additional evidence before making the final decision on the petition. Additional evidence is usually requested when the employer is a newly established company, the employer has not submitted sufficient evidence to show that the occupation is a specialty occupation or the employee does not have sufficient qualifications for the position.
In order to file the H-1B petition without complications employers shall start the preparation several months before the filing season. This will ensure that the petition is ready by the filing deadline and will increase the chances of the final approval of the petition.
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Los Angeles immigration attorney.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Our experienced criminal defense attorneys in Los Angeles, CA, will help you fight the charges if authorities have falsely accused and wrongfully arrested you for blackmail or extortion. Request a criminal defense consultation with one of our defense attorneys in Los Angeles.
In California, extortion is generally treated as a felony. The penalties include:
If you or someone you know has been charged with Penal Code 518 PC extortion and you are looking to hire an attorney for representation, get in touch KAASS LAW. We can provide a consultation in office or by phone at (310) 943-1171. Our main office is in Glendale, CA, with additional locations in Los Angeles, Woodland Hills, and San Bernardino.
(b) This section shall not apply to any of the following:
(1) Any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.
(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.
(3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c) As used in this section, each of the following terms have the following meaning:
(1) “Cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.
(2) “Cordless telephone” means a two-way, low power communication system consisting of two parts, a “base” unit which connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.
(3) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile.
Pursuant to Roberts v. Wyndham defendants' motion to dismiss plaintiffs' claims brought under Cal. Penal Code § 632.7 was denied because plaintiffs suspected a communication involving at least one cellular phone, which satisfied the California Supreme Court's interpretation of § 632.7.
The appeal of section 632.7 to plaintiffs is that it may not require the subject communication be confidential, unlike section 632. The question arises whether Section 632.7 applies to the parties involved in a cellular or cordless telephone call.
Please get in touch with KAASS Law for any questions or concerns.
Additionally, the FAA requires recreational users of drones that weigh between 0.55lbs (250 grams) and 55lbs to register their aircraft online through the FAA website.
Similar to the FCC rules, the Los Angeles City council has recently passed an ordinance that regulates both commercial and recreational drone use. The Los Angeles City ordinance mimics the FAA rule as it limits recreational use of drones as follows:
On the state level, the California legislature has recently passed three bills concerning recreational drone use, which the governor has signed into law.
The first bill, A.B. 856 was signed into law in October of 2015. The bill expands liability for physical invasion of privacy to additionally include a person knowingly entering into the airspace above the land of another person without permission.
Moreover, A.B. 1680, was signed into law in September of 2016. This bill expands the scope of the crime of “going to or stopping at scene of emergency for purpose of viewing; interference” under California Penal Code § 402 to include the operation or use of an unmanned aerial vehicle, remote piloted aircraft, or drone, regardless of the operator's location, in the definition of a person.
Lastly, S.B. 807, signed into law in September 2016, limits the civil liability of emergency responders, volunteers, or private entities for drone damage caused while they were performing emergency services and the drone was interfering with those services.
It also limits the exposure to civil liability of a local public entity or public employee for damage, if the damage was a result of specified emergency services.
Because of the increasing popularity of recreational drone use, it is important to know and understand the laws and regulations that govern the activity. It is expected that more acts, regulating drone use, will be enacted both on federal and state level. [1] Rules are subject to waiver [2] L.A. Mun. Code, §56.31(b) [3] 2015 Bill Text CA A.B. 856 [4] 2015 Bill Text CA A.B. 1680 [5] 2015 Bill Text CA S.B. 807
KAASS LAW is authorized to practice law in California. Our lawyers in Glendale, Los Angeles County, California, specialize in multiple attorney practice areas. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. Additionally, please note that KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW criminal defense attorneys helps represent clients in Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Immigration officials or judges determine if a crime qualifies as a crime of moral turpitude. Generally, the facts, evidence, circumstances that surround the conviction, and the legal language described in penal code, law, or statute violation.
Immigration officials general consider the fact surrounding the persons' convictions. The Board of Immigration Appeals (BIA) define moral turpitude as a “nebulous concept,” and one that “refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general.”
It is important to keep in mind that if the facts that surround the specific crime clearly displays that you acted intentionally.
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Yes, you can argue that your charges do not fall under the classifications of a crime of moral turpitude. While you or an immigration attorney can use this defense, you must consider the specific language or wording of the law, penal code, or statute under which the authorities charged you.
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale immigration attorney, near Los Angeles, CA.