How to Sponsor Yourself for Permanent Residence Without an Employer Sponsor under the EB-1A Extraordinary Ability Category
Thomas M. Lee

The EB-1A employment-based category is reserved for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. Under INA §203(b)(1)(A), qualified applicants may skip obtaining a labor certification or evidence of an offer of employment. In other words, just like the EB-2 National Interest Waiver, an employer sponsor is not required. In many…

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California Employers May Now Require Arbitration as a Condition of Employment
Thomas M. Lee

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…

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The California Court of Appeal Recently Held That Individuals May Be Personally Liable in Wage and Hour Lawsuits
Thomas M. Lee

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…

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Employment Based Immigration and PERM Explained
Thomas M. Lee

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…

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