Economic downswings and tough times are not valid excuses for failing to pay H-1B employees properly, according to a administrative ruling that could set an important precedent for California workers. In July, an administrative law judge for the U.S. Department of Labor held that a Florida employer had to adhere to the wage terms established in its Labor Condition Application.
Foreign college graduates in California who want to start their own business might be able to obtain an H-1B visa with the help of a university. Usually, the H-1B visa is awarded through a lottery system. Only 85,000 visas are awarded to people who must have bachelor's degrees and skills in math or science. They must also be sponsored by an employer. The odds of winning the lottery are not high. There may be nearly three times as many applicants as there are visas available.
Unauthorized California immigrants may be wondering how to obtain work permits now that President Obama's immigration plan has been placed in limbo by a deadlocked U.S. Supreme Court. However, some people could begin working thanks to a state law that allows unauthorized immigrants to work as independent contractors.
Some foreign-born individuals in California qualify for an adjustment of their immigration status. Individuals who did not enter the United States as immigrants may apply for permanent resident status later on. A person who is eligible for an adjustment of immigration status, they will not have to leave the U.S. in order to obtain a green card.
People in California who are considering filing for permanent residence or citizenship or doing other immigration-related paperwork may want to do so sooner rather than later as the cost of those services is set to rise. U.S. Citizenship and Immigration Services' budget of $3 billion annually is primarily funded by application fees.
California residents may be aware that immigration authorities sometimes grant visas to foreign workers who possess specialized training or qualifications, but they may not know that a similar program exists for those who want to enter the United Sates to perform low-paying jobs that require few skills. Workers entering the country on the H-2B visa program are allowed to remain in America for three years, and employers in the hospitality and services sector often say that the program helps their businesses by allowing them to keep their prices competitive.
Some people who want to immigrate to California are able to do so by using the EB-5 visa program. This type of visa is reserved for foreign investors who are able to invest at least $500,000 or more in job-creating business ventures., and it can provide an eventual path to citizenship for those who qualify.
The H-1B visa program has proven so popular that the number of applications for the 2017 fiscal year exceeded the limit within the first week of filing for the fourth consecutive year. Employers in California and elsewhere around the country will now have to await the results of a lottery before they know if their petitions have been accepted. The process could take up to 10 business days, based upon the results from previous years.
Although communities close to California's southern border with may see significant levels of immigration from Mexico, much of the United States' immigration traffic is now coming from Asian countries. Statistics indicate that immigration from Mexico hit its peak in the mid-2000s. By 2014, California's numbers had decreased by approximately 66 percent from 2005 figures. Meanwhile, the state's number of immigrants from China tripled during the same time frame.
California companies engaged in agriculture may be interested in a release by the U.S. Department of Labor's Office of Foreign Labor Certification regarding the sale or restructuring of a business with H-2A employees. After a successor has become the employer of H-2A workers, it may use the existing certification as long as all undertakings and liabilities are upheld. There is no specific process to adopt a certification, but it is clear that the successor may use any certification that already exists.