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In 1990, Congress created a green card path for people whose work is deemed to be in the national interest. The National Interest Waiver (NIW) category has been both highly popular and nearly dead at various times over the last three decades depending on the views of the government at various moments in time. NIWs…

If you are a temporary visa holder who wants to apply for a green card or marry a U.S. citizen or permanent resident, you may have heard of the USCIS 90-day rule. This is a guideline that USCIS uses to determine whether you misled the government officials when you obtained your visa or entered the…

The Ninth U.S. Circuit Court of Appeals in Chamber of Commerce v. Bonta, 20-15291 held yesterday in a 2-1 decision that California businesses may require an agreement to arbitrate employment disputes as a condition of being hired or continued as an employee. The Court affirmed a preliminary injunction barring enforcement of AB 51. This bill…

The first day a new H-1B visa can be registered to be filed is Wednesday, March 1, 2023, and the last day is Friday, March 17, 2023. Since persons who miss this year’s window will have to wait until March 2024 (a year later) to apply for a new H-1B, it is imperative for individuals…

The USCIS has confirmed that as of December 4, 2020, new attorney accounts can no longer be created. However, accounts created prior to this date continue to have access to their CSOL account. Users who create accounts after December 4, 2020, are directed to the myaccount site. Access to this account is important because it…

On June 28, 2022, the Court of Appeal in the matter of Seviour-Iloff v. LaPaille held that a Chief Executive Officer was personally liable for the wage and hour violations of the corporate employer. The Plaintiffs in this case originally filed a claim for unpaid wages and Labor Code penalties with the Division of Labor…

Introduction Foreign nationals who are skilled or educated—and who have job offers—have the possibility of immigrating to the United States. The process involves three steps: PERM: the employer must first obtain a “labor certification” from the U.S. Department of Labor (DOL). This process is done online through the internet. Employers must sign-up for a PERM…

Beginning July 1, 2022 employers in jurisdictions of either Los Angeles City or the unincorporated cities of Los Angeles County will need to increase their pay to minimum wage employees at or near the current $15 per hour wage. Under the the Los Angeles Minimum Wage Ordinance, the minimum wage will increase from $15 an…

What Are My Rights Under California Law if I Earn Commission Wages? Commission wages are compensation in the form of a percentage of the price of the product or service which is sold by an Employee. Alternatively, commission wages may be based proportionally on the number of products or services sold. California law (Labor Code…

Wage Deductions May Be Made When Permitted by Federal or State Law California law allows the employer to withhold or divert any portion of wages where the deduction is required or the employer is empowered to do so by federal or state law. This category includes withholdings for federal and state taxes. Also, employers may…