Blog Feeds
08-14 01:40 PM
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 emo hairstyles for short hair
yabadaba
12-27 10:09 PM
Hey all,
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
japs19
07-20 02:18 PM
I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
2011 makeup 2010 black flower girl
kirupa
12-01 07:38 PM
You can actually do it more elegantly by fiddling with the HTML DOM: http://michaelsync.net/2008/07/25/silverlight-and-flash-interoperability-using-html-bridge-and-externalinterface-api-by-jonas-folles%C3%B8
:)
:)
more...
crystal
07-12 10:31 PM
You get SS after you cross 55 or 58 I think. How knows by then they might bring some law to stop the SS for outsiders.
There is a archive thread on this already.Read it dear h1bs.
the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.
does anyone have any knowledge of non-citizens claiming social security in india?
as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.
http://socialsecurity.gov/international/countrylist4.htm
has anyone actually seen this happen?
There is a archive thread on this already.Read it dear h1bs.
the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.
does anyone have any knowledge of non-citizens claiming social security in india?
as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.
http://socialsecurity.gov/international/countrylist4.htm
has anyone actually seen this happen?
ronhira
08-02 09:45 PM
http://www.youtube.com/watch?v=4iMU-y2PNlo&NR=1#t=1m50s
more...
ajju
10-12 03:50 PM
So that means it starts prior to Dec'9th for my case..????
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
2010 images Short Prom Hairstyles
fran5477
04-04 10:36 PM
I have been looking topics like this one. Does anybody know if H-1 H-4 can apply for financial aid? does it come up during GC process as goverment aid and therefore could put you GC approval in danger of being rejected? I read somewhere a list of federal help we can use and be OK. Does someone know where to find info?. I have a daighter H-4 who starts college this year. She qualifies for in state tuiton. Does this affect her GC process? You never know when issues like this will surface along your process. I don't want to make any mistakes. Is someone in similar situation?
more...
gc_buddy
07-24 01:27 PM
To my knowledge, the PD field is always blank for EAD reciept notices.
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
hair Short Emo Hair For Boys and
cooler
08-30 09:23 AM
After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
more...
gsk0422
07-01 10:39 AM
Hey, my friend just got admission in a college and since she is not a US citizen or permanent resident. So, she needed a co-signer who is one but unfortunetly she couldnt get one cuz no one other then your own family member will trust u and sign and affidavit or co-sign a loan. Now her aunt who came with her husband on his work visa,been living for 9 yrs, recetly went out of status(I dont know the reason as its personal) has bank account and of course some savings. So my friend's aunt signed the Affidavit for my friend that was required by the university in order to process the student visa. Now after the application is filed, my friend is worried and maybe you can help her answer the questions. Her english isnt so good so Im going this for her(thu mine is bad too :)
-I do know one thing that if a person getting a student loan is not a US citizen/permanent resident she/he would need a co-signer who is one and I also know that for sure that the loan agency check the credit history of a co-signer. SO,since my friend's aunt isnt a permant resident or a US citizen(she is out of status in fact) so she cannot be my friend's co-signer for the student loan BUT what about Affidavit?
do the Immigration check the backgound of the person who signed the Affidavit,attached with her bank statments, for the student visa process or they mainly will check the student's background? my friend is concerned as she doesnt want her aunt to be in any trouble!
-I do know one thing that if a person getting a student loan is not a US citizen/permanent resident she/he would need a co-signer who is one and I also know that for sure that the loan agency check the credit history of a co-signer. SO,since my friend's aunt isnt a permant resident or a US citizen(she is out of status in fact) so she cannot be my friend's co-signer for the student loan BUT what about Affidavit?
do the Immigration check the backgound of the person who signed the Affidavit,attached with her bank statments, for the student visa process or they mainly will check the student's background? my friend is concerned as she doesnt want her aunt to be in any trouble!
hot Girls Cute Short Hairstyles
fromnaija
09-15 08:05 PM
It is possible if you have an I-140 approval for the EB3 labor certification. The procedure is that at the time of applying for the EB2 I-140 you would ask that you be accorded the earlier priority date of the approved EB3 I-140.
But since , in your cae, it would appear you did not file an I-140 for the EB3 LC, you are out of luck.
But since , in your cae, it would appear you did not file an I-140 for the EB3 LC, you are out of luck.
more...
house rare pictures of girls punk hairstyles spikey punk short haircut looking
suwsku
04-05 05:23 PM
and it's still valid for almost 2 years.
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
tattoo wedding hair styles for short
anurakt
01-19 02:13 PM
Please join us on the tri state chapter call .....
more...
pictures wallpaper short hair
msp1976
03-08 03:22 PM
For all RIR cases, they have gone through March 28, 2005 at least one iterations...They also have been approving cases randomly...
For TR it is still not clear.....They have started posting the jobs in america's job bank...
So it could be anything now...There is no set pattern at present...
There is speculation on immigrationportal that all 2001/02 cases would get through in March april ....
For more info use these trackers..if you donot know about them already...
http://boards.immigrationportal.com/showthread.php?t=161571&page=316
Please note that even if you get certified, without immigration reform you would be stuck in another queue...
Please contribute money to IV so that IV can pursue you interests.....
For TR it is still not clear.....They have started posting the jobs in america's job bank...
So it could be anything now...There is no set pattern at present...
There is speculation on immigrationportal that all 2001/02 cases would get through in March april ....
For more info use these trackers..if you donot know about them already...
http://boards.immigrationportal.com/showthread.php?t=161571&page=316
Please note that even if you get certified, without immigration reform you would be stuck in another queue...
Please contribute money to IV so that IV can pursue you interests.....
dresses short hair styles for thick
Charleh
01-16 09:34 AM
Fixed it - found that I had set something to be slightly bigger than the parent control visible area and the animation wouldn't play. As long as the control doesn't overlap the parent area I'm OK!
more...
makeup Short Emo Haircuts Gallery 3
njboy
10-16 01:33 PM
Unless you serve in Armed Forces
Arkbird,
You cant get into the armed forces without a GC
Arkbird,
You cant get into the armed forces without a GC
girlfriend tattoo Cute Short Haircut
sc3
11-20 01:01 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.
Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.
hairstyles Sassy Crazy Short Hair Styles
macrosky
11-07 12:51 AM
thanks, ssdtm.
Can someone explain a little bit more about changing AOS to CP?
Can someone explain a little bit more about changing AOS to CP?
logiclife
03-28 10:55 PM
The webfax feature already does that for us.
achu
08-06 04:51 PM
thanks for the information.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
No comments:
Post a Comment