Yova Borovska

Yova Borovska

Buchanan Ingersoll & Rooney PC

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Are Independent Contractors Always Exempt From I-9 Requirements?

Employers rarely question the general rule that independent contractors are not required to complete a form I-9. Most employers believe that, if an individual is labeled as an independent contractor, a form I-9 is not...more

8/29/2015 - Control Test Economic Realities Test I-9 ICE Independent Contractors OCAHO Popular

OCAHO Imposes $605,250 Fine for I-9 Violations

On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), the administrative court with jurisdiction to review penalties for I-9 violations, issued a decision in the matter of United States v. Hartmann...more

7/22/2015 - Audits Civil Monetary Penalty Employer Liability Issues Fines I-9 ICE OCAHO

BALCA Applies Recent Legal Decision to PERM Case Denied Five Years Ago

The permanent labor certification process (PERM) allows employers to hire foreign nationals to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the U.S. Department of Labor...more

7/20/2015 - BALCA Foreign Nationals Hiring & Firing PERM Recruitment Policies

DOS Announces Changes to E Visa Application Processing in Mexico

The U.S. Department of State (DOS) announced changes to the application process to obtain E-1 and E-2 visas, due to recent increases in overall visa applications made through the U.S. Embassy in Mexico City. The E-1 visa is...more

7/10/2015 - Department of State E-1 E-2 International Treaties Investors Mexico Non-Immigrant Visas Visas

USCIS on Amended H-1B Petitions for Change in Work Location

As previously reported, on April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by U.S. Citizenship and Immigration Services (USCIS), issued a published...more

5/27/2015 - Administrative Appeal Office Draft Guidance Employee Relocations H-1B Human Resources Professionals USCIS

USCIS Temporarily Suspends Premium Processing for H-1B Extensions of Stay

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During...more

5/20/2015 - H-1B Human Resources Professionals Immigration Procedures Popular USCIS

Uttering Forged Instrument – an Aggravated Felony and CIMT in the Eleventh Circuit

The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible or removable (deportable) under certain circumstances. For example, convictions of Crimes...more

5/15/2015 - Deportation Felonies Forgery Immigration and Nationality Act Moral Character Determinations

BIA Holds Florida Criminal Mischief Not a CIMT

The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible, or removable (deportable), under certain circumstances. For example, convictions of Crime...more

5/7/2015 - Criminal Mischief Criminal Prosecution Deportation Immigration and Nationality Act Moral Character Determinations USCIS

Handling Employment Authorization Document (EAD) Issuance Delays

All workers employed in the United States must be able to present proper documents evidencing their identity and work authorization for purposes of completing the Form I-9. One such document is the Employment Authorization...more

4/27/2015 - DACA Delays Employment Authorization Document Hiring & Firing Immigration Procedures USCIS

Updated Guidance Encourages DHS Attorneys to Timely Exercise Prosecutorial Discretion

On April 6, 2015, the Acting Principal Legal Advisor for the U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), Riah Ramlogan, issued a memorandum to OPLA attorneys relating to the...more

4/20/2015 - Criminal Prosecution DHS Guidance Update ICE

USCIS Reaches H-1B Cap for FY 2016

On April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B...more

4/8/2015 - H-1B Popular USCIS Visa Caps Visas

Avoid Discrimination in the Form I-9 and E-Verify Processes: Updated OSC Flyer

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), in the Civil Rights Division, is responsible for enforcing the anti-discrimination provisions of the Immigration...more

3/17/2015 - Discrimination DOJ E-Verify I-9 Immigration and Nationality Act Immigration Enforcement OSC Unfair Labor Practices

USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to...more

3/16/2015 - DOL H-2B Temporary Employees USCIS

Overcoming H-1B Challenges – Qualifying Through Work Experience and the Three-for-One Rule

The most common H work visa is the H-1B which is for “specialty occupations.” In simple terms, “specialty occupation” means an occupation which requires at least a bachelor’s degree or equivalent in a professional field. ...more

3/12/2015 - H-1B Highly-Skilled Workers Visa Hiring & Firing Immigration Procedures Specialty Occupations USCIS

District Court Orders USCIS to Grant H-1B for Market Research Analyst Position

As previously reported, certain job positions present a particular challenge when requesting H-1B specialty occupation status from U.S. Citizenship and Immigration Services (USCIS). ...more

2/27/2015 - DOL H-1B Specialty Occupations USCIS

H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 2015

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that effective May 26, 2015, the Department of Homeland Security (DHS) will extend employment authorization to H-4...more

2/25/2015 - DHS Employment Authorization Document H-1B H-4 Spouses Spouses USCIS

Overcoming H-1B Challenges – Obtaining a Certified Labor Condition Application (LCA)

The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions is to first obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor...more

2/24/2015

Overcoming H-1B Challenges – How to Prove Employer-Employee Relationship Exists for Off-Site Employees

The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions is to prove that an employer-employee relationship exists between the H-1B petitioner and beneficiary....more

2/18/2015 - Corporate Counsel Employee Definition H-1B Immigration Procedures Specialty Occupations

Justice Department Warns Employers Not to Discriminate Against Workers in TPS Status

On February 2, 2015, the Justice Department announced the launch of an educational video reminding employers that Salvadorans with Temporary Protected Status (TPS) may continue working beyond the March 9, 2015, expiration...more

2/12/2015 - Discrimination DOJ Employer Liability Issues Employment Authorization Document National Origin Discrimination Temporary Protected Status

Overcoming H-1B Challenges – How to Prove Specialty Occupation Eligibility

The most common H work visa is the H-1B which is for “specialty occupations.” Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields...more

2/10/2015 - DOL H-1B Highly-Skilled Workers Visa Human Resources Professionals Popular Specialty Occupations Visas

H-1B Season Is Fast Approaching

Employers are reminded that, beginning April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or...more

2/6/2015 - Foreign Nationals H-1B OPT Temporary Employees USCIS

What to Do If an Employee Admits Prior I-9 Documents Were Fake

The interplay between I-9 compliance and anti-discrimination regulations presents a major dilemma for employers. Generally, employers are required to accept facially-valid documents from the I-9 acceptable documents list...more

2/6/2015

Do I Need a Lawyer to Assist My Company with an I-9 Audit by ICE?

A couple of recent decisions by the Office of the Chief Administrative Hearings Officer (OCAHO) demonstrate the importance of timely retaining experienced counsel to represent you and assist you with government I-9 audits....more

2/3/2015 - Audits Employer Liability Issues Human Resources Professionals I-9 ICE OCAHO

PERM Denial Upheld for Failure to Include Free Housing Benefit in Advertisement

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

1/28/2015 - Advertising BALCA DOL Employee Benefits Employee Housing Immigration and Nationality Act Immigration Procedures PERM Recruitment Policies

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

1/21/2015 - H-1B Highly-Skilled Workers Visa Human Resources Professionals Immigration Procedures USCIS Visas

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