Albany Immigration Attorney.
Written by attorney Leonard D'Arrigo, over 1 year ago.
After much lobbying, the IRS finally issued updated guidance for employers participating in the H-2A program in December 2011. It is a common misconception that H-2A workers are always exempt from income tax withholding and liability.The new IRS guidance continues to provide for ...
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Written by attorney Leonard D'Arrigo, over 2 years ago.
R-1 visas: an overview The R-1 visa is for persons seeking to enter the United States (U.S.) to work in a religious capacity on a temporary basis. The individual will be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization i...
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Written by attorney Leonard D'Arrigo, over 2 years ago.
On February 12, 2010, the DOL published its new H-2A regulations, which became effective on March 15, 2010. The 2010 rule was the result of the DOLs review of the policy decisions underlying the 2008 Final Rule. The review focused on the process for obtaining certifications, them...
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Written by attorney Leonard D'Arrigo, over 2 years ago.
Evidence/Documentation for Marriage-based Petition The primary purpose of the USCIS interview is to establish the validity of your marriage. The USCIS automatically operates under the assumption that the marriage is not bona fide, or is entered into solely for immigration benef...
1 person found this guide helpful
Written by attorney Leonard D'Arrigo, over 2 years ago.
It is no wonder that tax issues concerning the H-2A program are so complicated when the IRS, the New York State Department of Labor, and U.S. Department of Labor dont understand the rules either! I recently spent an evening reviewing the myriad of IRS publications covering foreig...
6 people found this guide helpful
Written by attorney Leonard D'Arrigo, over 2 years ago.
H-2A Compliance Review Checklist This checklist is provided to assist you in making sure that you are in compliance with Department of Labor, H-2A regulations and that you have an understanding of what your obligations are as an H2A employer. Did You Know? H-2A workers can wor...
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Written by attorney Leonard D'Arrigo, over 2 years ago.
I. Without a Warrant, ICE or CBP Officers May: - Question a person concerning his right to be in the US if the officer has a reasonable suspicion, based on articulable facts, that the person is an alien. - Detain a person and ask for proof of authorized status if the officer...
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Written by attorney Leonard D'Arrigo, over 2 years ago.
Preparing for the I-9 Inspection ICE (Immigration Customs Enforcement) may inspect your I-9 forms upon three days notice. Neither your consent nor a search warrant is required, but ICE must serve you with the required three day notice. Often, the notice takes the form of a writ...
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Written by attorney Leonard D'Arrigo, over 2 years ago.
ASSEMBLING YOUR APPLICATION Prepare a cover letter to USCIS outlining the contents of your application; assemble petition in the following order. Use the subject line below to flag to USCIS what the package is about and what it contains. Re: Petitioner: ____________________ For...
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Written by attorney Leonard D'Arrigo, over 2 years ago.
This year, employers not only have heard from ICE on I-9 audits, but USICS (United States Citizenship and Immigration Services) has been busy auditing employers specifically with regard to H-1B-related issues. USCIS claims that over 20% of H-1B employers violate terms of H-1B emp...
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