Bloomington Lawyer

Specialty Workers (H-1B)

The H-1B categories apply to foreign nationals coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability. The H-1B category applies to a foreign national coming temporarily to perform services in a specialty occupation that requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education. This typically means that the occupation must require at least a United States bachelor’s degree or higher as a minimum requirement.

The first step to hiring most H-1B workers from outside the United States is for the employer to file a labor condition application (“LCA”) with the Department of Labor (“DOL”). Work authorization for H-1B foreign specialty workers is employer-specific (i.e. limited to employment with the approved employer/petitioner). A change of employer requires a new H-1B petition; under some circumstances, a nonimmigrant who was previously issued an H1-B visa or provided H1-B nonimmigrant status may begin working for a new H1-B employer as soon as the new employer files a new H1-B petition for the worker. Multiple employers require multiple H-1B petitions. The employer is responsible for return transportation costs for an employee terminated prior to the end of the approved period of employment. Unlike some visa categories, H-1B foreign specialty workers are not required to maintain a foreign residence and may seek permanent residence in the United States. Dependents (spouses and unmarried children under twenty-one (21) years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification. Each petition may only include one worker.

Registered Nurses (H-1Cs)

The H-1C category applies to a foreign national coming temporarily to perform services as a registered nurse in a health professional shortage area as determined by the United States DOL. Unfortunately, only 500 nurses can be granted H-1C status in a fiscal year nationally and therefore, it is not a widely used visa. There are also numerical limitations for each state based on the state’s population. The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap on states with populations of 9 million or less is 25 per fiscal year.

Very Temporary Foreign Labor (H-2B)

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United States employers may petition for skilled or unskilled foreign workers to meet temporary or seasonal needs in positions for which qualified United States workers are not available. There is currently an annual cap of 66,000 visas for H-2B, non-agricultural workers.

The first step to hiring an H-2 worker from outside the United States is for the employer to apply for a temporary labor certification with the DOL. These certificates are designed to ensure that the admission of foreign nationals to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of United States workers. Dependents (spouses and unmarried children under twenty-one (21) years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification. After DOL issues the certification, the employer can then file a petition with the Immigration Service. Under certain circumstances, an employer may include multiple workers on the same petition.

Foreign National Trainees (H-3)

The H-3 classification applies to foreign nationals coming temporarily to the United States to participate in a training program. There are general H-3s, and those coming for special education training. There is currently no annual cap on H-3 admissions to the United States.

Intracompany Transferees (L-1)

The L-1 category applies to foreign nationals who work for a company with a parent, subsidiary, branch, or affiliate in the United States. These workers come to the United States as intracompany transferees who are coming temporarily to perform services either in a managerial or executive capacity (L-1A) or which entail specialized knowledge (L-1B) for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one (1) continuous year out of the last three (3) year period to qualify. There is currently no annual cap on L-1 visas.

Foreign Nationals with Extraordinary Ability (Os)
The O category is reserved for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics (O-1), the artist’s or athlete’s support staff (O-2), and the O-1′s spouse and/or child(ren) (O-3). To qualify, the foreign national must be coming to the United States to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas.

Athletes, Entertainment Groups, Artists (Ps)
P-1 Athlete – The P-1 classification applies to a foreign national coming to the United States temporarily to perform at a specific athletic competition as an athlete individually, or as part of a group or team, at an internationally recognized level of performance.
P-1 Entertainment Group – The P-1 classification also applies to a foreign national coming temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. This person also must have had a sustained and substantial relationship with the group (ordinarily for at least one (1) year) and/or provide functions integral to the group’s performance.
P-2 Artistic Exchange – The P-2 classification applies to a foreign national coming temporarily to perform as an artist or entertainer individually, or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.

P-3 Culturally Unique Artists – The P-3 classification applies to foreign nationals coming temporarily to perform, teach, or coach as artists or entertainers, individually, or as part of a group, under a program that is culturally unique.

International Cultural Exchange Program Participants (Q-1s)
The Q-1 classification applies to participants in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the foreign national’s home country.

Employing Canadian and Mexican Professionals Under NAFTA (TNs)
The TN classification applies to a Canadian or Mexican citizen seeking admission as a “professional” temporarily under the North American Free Trade Agreement (“NAFTA”). TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required.

Our office has helped many different employers and employees with immigration matters. Contact us with any questions you may have about choosing the right visa.

Originally published here.

Termination of Parental Rights in Minnesota

By Minnesota Family Law Attorneys

www.cundyandmartin.com

When determining whether to terminate a parent’s rights to his or her child, the court looks to the “child’s best interests.”  The judge must look at each child as an individual and cannot merely assume that a parent’s prior conduct will automatically justify termination, even if that conduct resulted in termination of rights regarding a different child.

When courts look to permanently remove a child from a home, it must look to certain factors under the law, including: 1. how the child’s best interests are served; 2. the nature and extent of the social service agency’s reasonable efforts to reunify the child with the parent; 3. the parent’s efforts and ability to use services to correct the conditions which led to the out-of-home placement; and 4. that the conditions which led to the out-of-home placement have not been corrected so that the child can safely return home.  Minnesota statute, section 260C.201 addresses these issues.  Therefore, if you are fighting to keep you child, you case must address these factors.

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It is not uncommon for a judge to place a child with another family member when removing the child from a home.  But merely being a family member of the child is not enough.  Factors that the court may consider include, the length of time the family member has been involved in the child’s life, the extent of any such involvement, the mental fitness of the family member, etc.

Regarding the social service agency’s efforts, they must genuinely seek to help the family reunify.  This means that the agency cannot view as its mission, to separate the family.  The courts may look to the following factors in determining whether the agency’s efforts were reasonable:  1. whether the services were relevant to the safety and protection of the child; 2. whether they were adequate; 3. culturally appropriate; 4. available and accessible; 5. consistent and timely; and 6. realistic under the circumstances.

Termination of parental rights is obviously a very serious matter and if you are involved in such a dispute and are facing the possibility that your child may be removed from your home against your will, you need good legal advice and representation.

Contact the family law attorneys at Cundy and Martin, LLC, for help.

www.cundyandmartin.com 

(952) 746-4111

Originally published here.

General Motors, America’s number one automobile manufacturer, is on the verge of leaving bankruptcy through its new corporate identity as a leaner, government-owned automaker. US Bankruptcy Court Judge Robert Gerber approved the company’s restructuring plan saying a liquidation of the company “would be a disastrous result for GM’s creditors, its employees, the suppliers who depend on GM for their own existence, and the communities in which GM operates.”

However, the approval of GM’s corporate restructuring brought along with it stringent criticism, including some from the company’s creditors who have said that GM should have just been allowed to fail. Lawyers, who had legal actions pending against General Motors, and some bondholders and smaller labor unions also objected to the company’s move.

It still remains to be seen if GM will exit its state of bankruptcy and perform better as a downsized company as this recent development is merely an external manifestation of the internal corporate operations within the structure of General Motors. This is something business consultant and author M.C. Knight is very acquainted with.

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In his self-published book, Unheard Testimony: McKnight VS. General Motors, M.C. Knight reveals the circumstance and ventures that developed during his involvement as a member of the corporate management of GM. M.C. Knight’s goal was to make important organizational and operational contributions to the company.

This book dissects the composition and internal operations of General Motors by examining its corporate management and workforce. M.C. Knight also assesses the impact of competition from other automobile companies on GM’s way of doing business, externally and internally, while aligning his thoughts and discoveries with the US Constitution and congressional legislation.

Unheard Testimony presents a comprehensive look into the legal, moral, social and ethical aspects of corporate operations in a huge American company and how all these impact the lives of employees from all rungs of the corporate ladder.

Unheard Testimony: McKnight VS. General Motors is published by Xlibris.

About Xlibris
Xlibris was founded in 1997 and, as the leading publishing services provider for authors, has helped to publish more than 20,000 titles. Xlibris is based in Bloomington, IN and provides authors with direct and personal access to quality publication in hardcover, trade paperback, custom leather-bound, and full-color formats.

For more information, please visit the book publisher’s website, e-mail pressrelease@xlibris.com or call at 1-888-795-4247, to receive a free publishing guide.

Originally published here.