Sarah Bileti

By Sarah Bileti

Question:  We are recertifying I-9 Forms that were processed under the COVID exception. Since our workforce is primarily remote, can we alter the form to allow for electronic signatures?

Answer: For employers who complete I-9s electronically, it is permissible to alter or create an I-9 form provided that employees are provided instructions for completing the form, the form is legible, there are not changes to the name, content, or sequence of the data elements and instructions, and no additional data elements or language are inserted.  An electronic signature may also be used provided that the system for capturing the electronic signatures meets the following criteria: Read more >>

Sarah Bileti

By Sarah Bileti

What is PERM?

To hire a foreign worker on a permanent basis, the most common pathway for employers to sponsor an employee for a Green Card is through obtaining a permanent Labor Certification from the U.S. Department of Labor (DOL).  This Labor Certification is the first step in the sponsorship process, and it is obtained by filing an application through the DOL’s Program Electronic Review Management (PERM) process. Read more >>

Sarah Bileti

By Sarah Bileti

Question: We’re planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow?

Answer: Yes, there are specific obligations employers must adhere to when firing an H-1B nonimmigrant worker. First, you must notify the affected H-1B worker in writing of the termination and offer the reasonable cost of return transportation to the employee’s last place of foreign residence. It’s best for this offer of return transportation to also be communicated to the employee in writing. You aren’t obligated to pay return transportation costs for the employee’s family members or household items, and this obligation doesn’t arise if the employee quits the job. Read more >>

Sarah Bileti

By Sarah Bileti

1. When is an employer required to file an H-1B amendment petition for a foreign worker?

A: An H-1B amendment petition is required when there is a material change in the terms and conditions of authorized employment.  What constitutes a material change is not explicitly defined by statute, but the United States Administrative Appeals Office (AAO) held in its precedent decision, Matter of Simeio Solutions, LLC that a change in work location that would require the filing of a new Labor Condition Application (LCA) constitutes a material change requiring the filing of an amended H-1B petition.  A new LCA is required for a change in work location that is outside the Metropolitan Statistical Area (MSA), or normal commuting distance, of the work location listed in the original petition.  In addition to changes in work location, other material changes prompting an amended H-1B petition may include significant changes in job duties and reductions in salary or hours. Read more >>

Sarah Bileti

By Sarah Bileti

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those organizations intend to keep those policies in place going forward.

While this is good news for many employees, for employers it brings added complication to the already complex immigration processes they must undertake to sponsor foreign workers for temporary and permanent employment in the U.S.  Read more >>