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September 2013 Archives

L-1A Guidelines Clarified, USCIS Gets Reprimanded

The Administrative Appeals Office ("AAO"), where USCIS decisions get appealed, gave a decision that not only clarified the standards for approving L-1A visas, but also reprimanded USCIS for constantly applying a more difficult and incorrect standard. This is a a positive development for the L-1A petitioner in the case, and the strong language of the opinion should shape the law for future petitioners and beneficiaries to come.

Showcase Series: L-1A Visa for Chief Executive Officer Opening a New Office

This is the second installment of our new Showcase Series, which will overview successful cases filed by Mrs. Sweta Khandelwal, the principal attorney at the Law Offices of Sweta Khandelwal. This Showcase will be for a Chief Executive Officer who is coming to the United States to open a new office and will work in a professional and managerial capacity from India.

Intermittent Employees and I-9 Issues

Occasionally, a company requires an intermittent employee to complete a certain project or goal. A foreign national on an H-1B or L-1 visa may be employed in the US for a short period of time. . Regardless of how long a particular employee stays or how often they come in and out of the United States, an employee in the United States must comply with I-9 requirements, , even if they are paid by a foreign employer. More details on the I-9 process can be found here

Battling Immigration Fraud

Crackdowns on notarios have caught media attention recently, and with good reason. Notarios are generally those who may be notaries but pretend to be licensed attorneys. In many other countries, notaries and attorneys are one and the same. However, notarios in the United States use this fact to take advantage of unsuspecting and newly arrived immigrants by pretending they can help them with their immigration issues. Not only is this the unauthorized practice of law and thus illegal under state laws, but notarios often misguide their clients to have their visas eventually denied or even have them deported. Notario fraud has especially experienced an uptick with the recent media attention over immigration reform with false promises to obtain green cards for undocumented noncitizens. However, we remind our readers that this legislation is only proposed and not yet law and people with immigration issues should always seek the advice and assistance from an immigration attorney with an active license.d

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