Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
wallpaper Taylor Swift – Singer 5#39;10″
dealsnet
11-15 10:09 PM
You are speaking about the job doing, what is the present visa status now?
Hi All,
I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.
Are there any other occupation which can fit my responsibilities to get an H1B visa?
Thank you for your help.
Hi All,
I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.
Are there any other occupation which can fit my responsibilities to get an H1B visa?
Thank you for your help.
sreenivas11
01-02 07:39 PM
I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
2011 Taylor Swift knows what she
Iamthejuggler
03-29 04:17 PM
Phew.
more...
vivek_k
05-07 03:25 PM
Thanks guys. I would appreciate to know if the nationally known attorneys like Rajiv Khanna, Murthy, Ron, Shustermann are actually worth the money they charge?
martinvisalaw
01-26 05:30 PM
I don't want to second guess the experienced lawyers. They are probably planning on mentioning an alternative educational background as acceptable, in addition to the CIS. There is a place on the PERM form for this.
more...
LookingForGC
07-09 01:12 PM
Thank You! It helps.
2010 Taylor Swift is naturally
GCwaitforever
04-06 05:34 PM
'Masala Dosa' and I met with staff of Senators Mel Martinez and Bill Nelson. The meetings went very well. We had the opportunity to see the compromise announcement on the floor while we were in the office of Senator Martinez. That was a good deal.
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.
One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...
We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.
Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.
We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
Let us make this bill through this time and get our greencards. :D
more...
thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
hair taylor swift tall. taylor swift tall. taylor
kuhelica2000
05-27 09:25 PM
I am stuck in PBEC. Please let me know if you need any information.
more...
bigboy007
11-17 06:22 PM
I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
hot I#39;m to TaLL
desanar
04-05 08:49 AM
Please share as much information as you can so it will also help views of this forum.
Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.
Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.
more...
house hot how tall is taylor swift
Pallavi79
01-13 01:41 AM
She can get easily.
I would like to bring my grandma but worried about her health insurance.
I would like to bring my grandma but worried about her health insurance.
tattoo Posted in taylor swift
ABC of GC
08-27 02:18 PM
Dear new member,
This issues is discussed in very detail in one of the threads recently, so please do your research and find out.
This issues is discussed in very detail in one of the threads recently, so please do your research and find out.
more...
pictures Taylor Swift Height
askreddy
06-19 12:45 AM
Thanks CoopHeal.
Others Any suggestions?
Thanks
askreddy
Others Any suggestions?
Thanks
askreddy
dresses Taylor Swift#39;s Height!
mk26
03-23 02:24 PM
I guess within 24hrs transit should be ok , problem may occur which is very unlikely when flight gets delayed during transint and you have to wait for more than 24 hrs in UK than you might have to take UK DATV or visitor visa.
more...
makeup Taylor swift height
mjdup
11-08 03:21 PM
Yes, this is very sad. I did receive the same email. Monthly $10 wouldn't be much. May be you can get rid of one pay channel or the munchies from grocery store. That's the only sacrifice you had to do !
It is really pity ! May be its fun to be on Illegal side:)
It is really pity ! May be its fun to be on Illegal side:)
girlfriend behind Taylor Swift. mkrisa
martinvisalaw
07-30 01:13 PM
What new regulations are you referring to?
hairstyles 2011 taylor swift tall.
agiridhar
05-14 12:52 PM
Anti trust lawsuits are brought about when it is found that a company or institution is using it's power of monopoly to bring in anti-competitive measures. In this case, which institution is using it's monopoly - the government?
USCIS (erst while INS) I guess...
USCIS (erst while INS) I guess...
rolrblade
08-21 04:01 PM
This POLL is only for the following people: Please respond:
1. Filed / Approved I-140 in TSC
2. Applied 485 at either NSC or TSC.
3. Receipt Pending / received
1. Filed / Approved I-140 in TSC
2. Applied 485 at either NSC or TSC.
3. Receipt Pending / received
plassey
07-20 11:01 PM
Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
No comments:
Post a Comment