Musings on Immigration

1.      I am not married to my partner, but we have kids together.  Can I still apply ? a.      Yes.  You do not have to be married to qualify for DAPA.  The only time this would be an issue is if the father’s name is not on the birth certificate because the parents were not legally married.  If that is the case, you can simply have the birth certificate corrected in the county where the child was born to reflect the father’s name.  If the child’s mother will not go along with that, a DNA test may be required. 2.      I don’t have any children of my own, but my wife has children that we have been raising together.  Do I qualify ? a.      Yes.  As long as you were married before the children turned 18, immigration considers them your children for purposes of all immigration applications.  If you are not actually legally married, you cannot count these ch...

By Anna Erwin, Associate Attorney Has your employment been terminated while under H-1B status or have you terminated an H-1B employee? The standards under immigration law for what a previous H-1B employee can receive in back wages after termination are now significantly affected by whether the employee obtains subsequent employment after termination. H-1B status is of particular benefit to foreign national employees in the U.S. because they can transfer their status to a new employer. An H-1B transfer employee also benefits the employer because that transferred employee does not count against the H-1B visa cap for that year.  But if the employer/employee relationship is terminated during the employee's H-1B status, both sides must be aware of back wage eligibility or liability. The Basis for Back Wage Liability In Amtel Group v. Florida, Inc., the Administrative Review Board found that for an employer to avoid liability after the termination of an H-1B employee, th...