GlobalAutoTV
Click to watch Graeme Maxton -
Click to watch Graeme Maxton -
global resources
Need an office somewhere in the world? Office suites, meeting rooms, virtual offices, network access



free downloads
GLOBAL: "KPMG’s Global Automotive Executive Survey 2015" report

GLOBAL: "KPMG’s Global Automotive Executive Survey 2015" report. 40-page report by KPMG.

proceed to download
eJournals




back to index backGLOBALtalk December,  2004


USA: Immigration Alert

Congress has included provisions in the Omnibus Appropriations bill to provide some relief from the H-1B cap, as well as some changes to the L-1 visa categories.  The President is expected to sign the legislation shortly.   The effective dates of the provisions are staggered, with new H-1B visas available within 90 days of signing. 

The following are some of the highlights of the immigration provisions:

H-1B visa: 
Creates a permanent exemption for graduates of masters and Ph.D. programs at US colleges and universities from the H-1B cap, up to 20,000 per year; permanently reinstates the dependent employer attestations; permanently reinstates the education and training fee (raising it to $1500 for employers with 25 or more employees and reducing it to $750 for employers with 25 or fewer employees); adds a new "fraud prevention and detection fee" on H-1B and L-1 petitions of $500; requires payment of 100% of the calculated prevailing wage (eliminating the 95% rule), but requires DOL to use surveys that include at least 4 levels of wages (this change applies to ALL categories for which prevailing wage is an issue, including permanent labor certification); reinstates and broadens DOL authority to investigate without a complaint, based on "reasonable cause," but provides  a safe harbor for technical or procedural failures based on good faith attempts to comply and a 10-day window to correct failures.

L-1 visa: 
Prohibits placement of L-1B visa holders at a third-party location where the employer does not control or supervise the employee or is in an arrangement to provide labor for hire and not in conjunction with the provisions of a product or service. 

The L-1 provisions also repeals the 6-months employment abroad provisions added by the spousal employment law in 2001, and requires all L-1 beneficiaries to have worked abroad for the related company for 1 year prior to transfer.  All provisions take effect 180 days after enactment.


Attached for further information are Questions and Answers regarding the L-1 Visa and H-1B Visa Reform Act of 2004 prepared by the U.S. Chamber of Commerce, to download, please click here (pdf file).


Source: Clara Mager and Reggie Pacis, Butzel Long - GAI

previous page

go top
search our site


Loading

GLOBALtalk

Other articles from the same issue (December,  2004).

Asia-Pacific workers satisfied with jobs despite some misgivings with management and pay
play read on

Survey reveals barriers to implementing European pension accounting standard
play read on

Multinationals rely more on corporate HQ and finance in managing global benefit programs
play read on

Trends in Leadership: Overseas Chinese hired to lead local companies
play read on

The globalization of learning and the learning of globalization
play read on

USA: Immigration Alert
play read on


Our Free eJournals
GlobalAutoExperts

To visit GlobalAutoExperts Directory, click here.


©2008 GlobalAutoIndustry.com | HCI Group, Ltd.
101 West Big Beaver Road, Suite 1400 | Troy, MI 48084 USA
USA Tel: +1.248.687.1060 | USA Fax: +1.248.927.0347
Fax UK: +44.(0)845.127.4765 | Fax Europe: +31.20.524.1659 | Fax Asia: +852.3015.8120