"Fragomen Briefing On H-1B Issues And Current Developments"
Part 2 held on February 19, 2004
1) GAL 1-00 explains the use of OES data to obtain a prevailing wage, including ACWIA revisions.
2) GAL 2-98 provides policy clarification and procedural guidance for making prevailing wage determinations for nonagricultural immigration programs subsequent to the implementation of the wage component of the Occupational Employment Statistics program.
3) Matter of Ken Technologies Case No. 2003-LCA-00015 (July 18, 2003) -- A decision awarding back pay to an H-1B employee where his employer failed to notify the legacy Immigration and Naturalization Service of the termination of the employment relationship.
4) 4) DOL v. I-Tech Innovations -- ALJ decision (December 23, 2003) -- In I-Tech, the ALJ found that there was sufficient evidence on the record (e.g. termination letter to the employee), other than a letter to INS, to constitute a bona fide termination. Back pay was not awarded to the employee, contrary to Matter of Ken Technologies.
5) Lynn Shotwell's Letter to Bill Yates on July 11, 2003 and Efren Hernadez's Response to Shotwell on 10-23-03 -- Correspondence regarding when an H-1B employee transfers to a new location not included on the original I-129 filing
6) 8-21-96 DOL Letter re Third Party Payment to H-1Bs -- Guidance concerning the permissibility of situations where an H-1B nonimmigrant's salary is disbursed, either in whole or in part, by an entity other than the attesting employer.
7) H-1B Statistics -- These statistics, received on Friday February 6, 2004, cover H-1B program data for final actions on all cases from 1992-2003 as well as final agency actions on cases from FY 2003 and the dependent willfull violators from FY 2003.