Employees Rights Of 457 Visa Holders In Australia

The Fair Work Ombudsman and the Department of Immigration and Citizenship (DIAC) communicate to assist you fully understand your legal rights when working in Australia. Your boss will have to accommodate both Australian industrial regulations and immigration laws. You are eligible to receive pay and conditions at least as good as Australian people who are undertaking the same work at the same organisation.

Beneath these legal guidelines, your sponsor ought to offer you an identical terms and conditions as Australian employees carrying out the very same function in the same workplace. These legal guidelines also present DIAC stronger powers to make sure that sponsors are complying with their obligations.

Your sponsor must:

– demonstrate that they are providing you equal salary and conditions of employment to Australian workforce carrying out equal work in the same position

– not make deductions to your pay (except tax) without your authorisation

– only engage you in your accredited professional occupation

– pay reasonable and necessary travel fees to help you and your family members to leave Australia, if required in writing by you, your loved ones or DIAC on your behalf

– not request you to pay back the cost of your recruitment, such as migration agent fees or the expenses associated with becoming or actually being an approved sponsor

– make certain you do not work for other business owners and never pay you in cash.

Everyone doing work in Australia is eligible to elementary rights and protections in the workplace. The majority of folks employed in Australia are blanketed by the National Employment Standards. The NES include all employees covered by the national workplace relations system no matter the award, agreement or contract of employmentthat applies to a workforce. The NES guarantee that have certain minimum conditions of employment. These minimum conditions won’t be lowered.

Employees have the right to be free from unlawful discrimination, the right to pursue industrial activities (which includes right to become or not enrol in a union) and the right to be free from a lot of unnecessary influence or force when negotiating individual arrangements. Employees are likewise eligible to receive protection from having or exercising a workplace right consisting of being entitled to a reward under a workplace law or lodging a protest to the Fair Work Ombudsman relating to their occupation arrangements.

In case you suppose your employer is not paying you a suitable entitlements and/or you feel your workplace rights aren’t actually being supplied, you can make a complaint to the Fair Work Ombudsman because they have an it event management tools  that can tract your employer’s information. The advice of the Fair Work Ombudsman cost nothing to all people in Australia.

McArdle Legal employment lawyers help with industrial relations matters and for more information head over. McArdle Migration however specialise in migration legalities and their website is full of useful articles.

H-1B Applications Hit a Record High of 233,000; Chances of Receiving a Visa: 36%

This year the USCIS received a record number of H-1B applications, totaling over 233,000. With only 85,000 H-1B visas available, including the additional 20,000 for the United States Master’s quota, only 36% of applicants have a chance of receiving a coveted H-1B visa.

Applications are up from 172,500 for the 2015 fiscal year and 124,000 for 2014 fiscal year. This not only means that the number of applications have greatly increased but with the quota remaining at 85,000 visas, the chances of receiving a visa have dropped by half, from 69% to 36%.

Interestingly enough there’s no shortage in demand for workers in the technology field. According to USA Today, of the highest paying companies in America, nine of the top fifteen are technology companies that depend on H1B to find talented, highly-skilled workers to drive their businesses.

There has been such rapid growth in the information technology sector that the labor market can’t keep up the demand. These technology-based companies require highly-skilled workers which many foreign workers qualify for. Many technology companies prefer to bring the workers into the company to work, and not out-source the work, because of the level of judgment the worker must exercise in these jobs.

The cap on H-1B is one of the reasons these companies are unable to find the appropriate employees. Due to the constraints on the amount of visas issued each year, these companies cannot rely on bringing in foreign workers with these skills due to the H-1B scarcity. Without H-1B’s available, the companies may not be able to find the needed employees.

Hope could be on the horizon. Senator Orrin Hatch from Utah has proposed an overhaul of the H-1B visa quota, urging Congress to increase the H1B cap to 195,000. This bill, called I-Square, would also eliminate the Master’s cap for applicants who have earned an advance degree in science, technology, education or math.

This bill has been met with its fair share of criticism however. Some opponents claim that the vast increase in H-1B’s will lead to a lack of technology jobs for United States citizens. Many contend that an increase in H-1B workers will undercut the American worker because foreign workers may be willing to accept a lower wage to do the same job.

Looking to the H-1B statistics however there is a clear indication that there are more applicants who have secured an employer to hire them in the United States than will be able to secure a visa and perform that job. Increase in American business will lead to more job creation, expansion of businesses within the United States and further development in the technology field. The technology industry is booming in the United States and is requiring more workers than can be provided.   Without the available visas, technology industry may be forced to move companies outside of the United States to Canada or other countries that can meet the need.

If you weren’t chosen in the lottery this year, there many be other options available. Contact the Law Office of Sweta Khandelwal today to discuss any H-1B questions you have. Attorney Khandelwal is an experienced business immigration attorney located in the heart of the Silicon Valley.

Immigration Lawyer for the United States and Canada

Ottawa Immigration Lawyer 

THEY LAUGHED WHEN I TOLD THEM THEY COULD RELAX – NO PROBLEM IT WAS ONLY IMMIGRATION

AND THEN THEY DISCOVERED THE SECRETS TO NAVIGATING THE COMPLEXITIES OF IMMIGRATION TO CANADA AND TO THE UNITED STATES

That’s right: sit back and relax. Let Ottawa immigration lawyer, Ken Bickley guide you through the pitfalls of American immigration law and of Canadian immigration law:

� TNs

� landed, permanent status,

� L visas,

� E visas

� Tax consequences

� Recommended business structures in Canada and the US

Never before has immigration law been easier to understand and more care-free.

WHY WORK WITH ME?

Attorney Ken Bickley with his more than 20 years of experience, his membership in the New York, Ontario and Quebec law societies, is uniquely skilled and experienced in the mysteries of immigration law.

 

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For assistance with family matters, estate matters or litigation, please click here to access our main website.

LEGAL NOTICE

Please note however, this Site does not provide any legal advice to anyone. Nothing in it is to be construed as legal advice and by your accessing this Site, you agree to these terms. Any information is provided solely as information.

Please note that you will not become a client unless and until we have agreed to represent you and our representation of you has been confirmed in a retainer agreement or retainer letter. Also no information provided to you in an e-mail will be considered confidential without prior agreement. 

Refuge and Asylum

The law offices of I.Jay Fredman, P.C., are committed to providing excellent legal services to individuals requiring refuge and asylum.

Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident.

United States (U.S.) works with other governmental, international, and private organizations to provide food, health care, and shelter to millions of refugees throughout the world. In addition, the United States considers persons for resettlement to the U.S. as refugees. Those admitted must be of special humanitarian concern and demonstrate that they were persecuted, or have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

The law offices of I.Jay Fredman, P.C., are committed to providing excellent legal services to individuals requiring refuge and asylum.

Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident.

United States (U.S.) works with other governmental, international, and private organizations to provide food, health care, and shelter to millions of refugees throughout the world. In addition, the United States considers persons for resettlement to the U.S. as refugees. Those admitted must be of special humanitarian concern and demonstrate that they were persecuted, or have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

Welcome Legal Services for Immigrants In New York City

 

When it comes to your immigration needs you should always rely on competent and experienced professionals of superior quality. 

Due to recent economic uncertainties, our office has immediately started establishing payment plans with our clients. We will tailor the payment plans and accommodate to the client’s economic reality.

The Law Office of Evelyn Tossas Tucker is home to an experienced immigration attorney who has helped hundreds of clients with a wide range of immigration issues and cases. We have a wide range of knowledge and experience dealing with immigration cases of all types.

As the former director of legal services at the Gay Men’s Health Crisis (GMHC), Evelyn Tossas Tucker, Esq. is knowledgeable and sensitive to issues faced by the Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer (LGBTIQ) community.

We have also handled many cases of asylum based on persecution, changed country conditions, abuse, and fear of future violence, and our office deals with these cases with unconditional confidentiality and sensitivity.
If you are threatened by the USCIS with deportation or other adverse immigration actions, please come in to speak with us. You may be qualified for reliefs such as Cancellation of Removal or Prosecutorial Discretion. We strongly believe in protecting our clients’ immigration rights, and are committed to helping clients pursue an enriching and stable life in the United States.

We are also very experienced in non-immigrant visas such as H1-B, F1. Additionally, we can advise you of obtaining your green card based on employment and family petition.

Immigration advocates rally on Capitol’s steps (AccessNorthGA)

 

ATLANTA – About 100 people braved the occasional snowflake and chilly wind to rally against proposed immigration legislation on the Capitol’s steps Sunday afternoon.Immigration court review will critique judges’ behavior (Belleville News-Democrat)
The complaints about immigration judges were alarming.Immigration officers find new system tough (The Jakarta Post)
Immigration officers are experiencing a difficult transition to a new biometric identification system for passports — implemented nationwide Feb. 6. Like most changes to the entrenched bureaucracy, problems were inevitable.Vanstone upbeat about Immigration Dept changes (ABC via Yahoo! Australia & NZ News)
Immigration Minister Senator Amanda Vanstone says her troubled department has a once in a generation opportunity for change.Lawmakers grapple with immigration (Richmond Times-Dispatch)
In the legislative battle over immigration, there’s one point on which both sides agree: This year’s General Assembly is dealing with a record amount of proposals.

Right says Bush is wrong / President’s base unhappy with policies on immigration, budget, wiretaps and war (San Francisco Chronicle)
They railed against President Bush’s immigration plan, jeered his budget, condemned his domestic surveillance operation, and bemoaned the prolonged U.S. involvement in Iraq. Such sentiments could probably be heard on any Bay Area street corner, but t…

Immigration advocates rally on Capitol’s steps (Macon Telegraph)
About 100 people braved the occasional snowflake and chilly wind to rally against proposed immigration legislation in front of the state Capitol, while about 30 people yelled at them to “go home.” They carried large American flags and signs proclai.

 

H-1B and l-1 increase ASIS in Accordance with Public Law 111 230

 

President Obama , signed into law by public law 110-230. Where the law allows the L1 and H-1B visa cost increases. According to public law 110-230 $ 2000 of certain United States H-1B visa application fee and a fee of $ 2250 on certain L 1A and submitted to the visas have L-1B petitioner in addition to the existing application fees. Postmark or after Aug 14 2010 these H-1B and L1 visa applications will be the extra costs. Valid until September 30 to increase the level and H-1B visa fee is applicable to these petitioners, its workforce more than 50% of H-1B and L-1 General.

As an effort to comply with public law 110-230 United States citizenship and immigration services (United States), is to modify the form I-129, apply for non-immigrant work tasks. These people apply for H-1B, L-1A and L-1B visa petitions are obliged to include additional costs. Apply new and additional expenses of the United States requires that the evidence provided by the petitioner or contains the same reason. If additional fees are required for a notation, in bold capital letters in the top of the cover letter.

In case with the initial form submission did not provide any such files, the United States may issue evidence of request (RFE). This is to ensure that the petition by the common law. If uncertainty remains, the United States still may require a RFE even if the evidence provided by the petitioner. The new fees will be an additional fee, in addition to the existing United States competitiveness and 1998 (ACWIA) fee fraud detection, employee improvement Act premium processing fees and handling fees. United States citizenship and immigration to its stakeholders to ensure a smooth transition.

Guidelines By Global Visas Problems – Travel – Vacation Tips

When the forgers or artificial consultancies trick people, they really damage their sentiment and also to themselves. One should not thy greed regarding victory or success; instead of this they try to become winner or successor. They can’t alter their profession, hence Section like Global Visas Complaints provides march forward with the help of authorities to stop forgers and fake consultancies.

Immigration fraud And visa fraud are two main category where are forgers are really focused on. Tourists look for visa and when these people stuck with any kind of problem, they take the help of bogus consultancies or even forgers. Immigration fraud is mainly conducted simply by students who seek for the nationality of two or more than two nation.

So the various guidelines are offered through global visas complaints department to trace these forgers and bogus consultancies. To start with one should not look at these items as a problem that cannot be reduced, take a look at them as a challenge, an opportunity to put them behind the pubs and teach them a lesson.

There is never too late if you had been trapped by forgers, be quick within complaining about them. Create awareness and motivate some other individual also. Do not complete your original documents to a unknown personality for using visa. 

One should have a thorough research about the company while applying for visa. Take support associated with media or newspaper to spotlight these frauds. Trusting entirely to an individual is insane that assures you that they have hyperlinks in visa department.

One’s adore or affection towards someone of other nation should be a trick to get the immigration or even legal nationality of that nation. Steer clear of marrying someone of different region which is a trick for immigration scams.
To bring it to a halt everyone ought to come together as unison. Also one can take advice, help as well as suggestion from Global Visas Scams Department.

H. 3 and Immigrant Visa Aminopeptidase Fife Investors Compared

Under Visa (EB5) as foreign investors get United States permanent residency (and eventually citizenship, if required) through an investment in new or existing business, see the United States for at least 10 create new full-time in an method was created in 1990 by the fifth preference in employment to workers in the United States. The H-3 Nonimmigrant visa Trainee is described by the government’s website as being ” for individuals who been invited by an individual or organization for the purpose of receiving training in any field including, but not limited to, Commerce, Communications, Finance, Government, Transportation, Agriculture or other professions. ” In this article we will take a closer look at the H-3 Non-Immigrant EB5 visa Trainee and the Green Card visas to see how the two compare and contrast-

H-3 Non-Immigrant Trainee Visa: As per the government’s website: This visa is described as ” for individuals who been invited by an individual or organization for the purpose of receiving training in any field including, but not limited to, Commerce, Communications, Finance, Government, Transportation, Agriculture or other professions. ”

You are not eligible for this classification if you are coming to the United States for graduate education or training. If you are to United States graduate education or training see J 1 and F-1 classification. This classification is not a United States domestic employment. It is designed to provide you with employment related training your your home country

this visa category is for people that want to enter the United States in order to participate in a structured program, provides practical training and experience in physical, psychological or emotional education of children with disabilities. This is the so-called ” s education ” H-3 classification, slightly different eligibility requirements.

eligibility: in order to obtain high-3 classification, you must provide a United States employers or organizations:

1) detailed description you would like to pursue structured training courses. The description should indicate the number of hours per week that you will be in classroom training and the number of hours per week that you will be involved in on-the-job training

2)     Summary of your prior training and experience

3)     Explanation of why your training is needed

4)     Explanation of why you can’t take the training in your home country

5)     Explanation of how the training will benefit you in pursuing your career in your home country&lT;/p>

6) Explanation of how your employer or organization will pay for the cost of providing you the training without actually employing you

Eligibility Criteria

In order to obtain H-3 classification, a U.S. employer or organization must provide:

1) Detailed description of the structured training program in which you wish to pursue. description should describe each week, you will be in the classroom training hours and every week, you will participate in in-service traininghours 2) your prior training and experience of

3) explain why your training needs

4) explain why you cannot you own training

5) explains how training will benefit you in pursuing a career in national

6) of your employer or organization will provide you with no actual employment training costs paid for how to interpret

” special education training visa ” h-3

, qualify for special education ” ” H-3 training visas, the United States employers or organizations must submit the training you need, as well as the staff and facilities, you will receive training. Employers should also explain your involvement in training-

details, the United States employers or organizations must show they are one of the following:

1) close to complete a Bachelor’s degree program in special education

2), you already have a special education program

3), you have a Bachelor’s degree in teaching children experience physical, mental or emotional disability.

EB5 immigrant visa-visa H-2B investment, in stark contrast to the laid EB5 visa for investors. According to the Government’s web page to qualify EB5 visa procedures, you must:

1) investment or investment of at least $ 1 million in the procedure. If your investment is (targeted employment area is defined as legal ” rural areas or areas experiencing at least 150% of the national average unemployment rate) to specify the targeted employment area, the minimum investment requirement is 50 million.

2) United States economic interests to provide goods or services for United States market.

3) create at least 10 United States workers work full time. This includes United States citizens, holders of a green card (legal permanent residents) and other individuals legally authorized to work (although it does not include your (migrants) or your spouse, son or daughter) of the United States.

 

4) involved in the day-to-day management of the new business or direct management, through the development of business strategy, such as a limited partner, company personnel or members of the Board of Directors.

we see this comparison although H-2B and EB5 visa immigration investors rely on certain requirements based on the job; these two are very different in nature and provide different paths to a green card Visa.

Update on 2nd Preference Employment-Based Immigration by Virtue of National Interest Waiver (NIW) (2003 No. 3)

Immigration Law News

Update on 2nd Preference Employment-Based Immigration by Virtue of National Interest Waiver (NIW) (2003 No. 3)

Another Petition Approved

The Law Offices of I. Jay Fredman, P.C. proudly announces that another NIW case was approved by USCIS on July 15, 2003. This newly approved I-140 Petition was initially received by the USCIS on December2, 2002. At that time the Petitioner was represented by another attorney who is not associated with the Law Offices of I. Jay Fredman, P.C. The USCIS issued a notice requesting additional evidence on March 27, 2003. After a consultation session, the Petitioner retained our law office to represent her on April 8, 2003.

Chinese Physician-Scientist Supported

The Petitioner, from China, is a research scientist working in the combined fields of reproductive endocrinology, infectious disease, and pharmacology. She has been conducting research in Maryland as an independent research scientist (contractor) since late 1999, and her research has been contracted and thus funded by a U.S. Government agency. On June 13, 2003, the Law Offices of I. Jay Fredman, P.C., with Mi Puyang as the attorney of record, submitted a well-drafted legal brief of 22 pages with carefully-screened and highly defined supporting documentation, including award certificates, publications, professional membership evidence, testimonial letters, and the documentary evidence as a result of the attorney’s diligent and skillful research.

It is noteworthy that this Petitioner has been conducting research in the U.S. since 1996. As an outstanding physician-scientist, she worked at the NIH for about 4 hears before she became an independent research scientist. REpresented by the same previous attorney, she submitted her first I-140 petition via Extraordinary in 2001. It was eventually denide3d by USCIS in 2003 after failing to satisfy the USCIS request for additional evidence. In short, this Petitioner’s journey to becoming a lawful permanent resident of the U.S. was beset with problems.

We are very proud that we finally brought an end to the arduous process for this Petitioner. Now she and her family members are peacefully waiting for their USCIS to adjudicate their I-485 applications. We highly appreciate her trust and the decision to retain the Law Offices of I. Jay Fredman, P.C. to represent her in achieving her objectives.

In addition, according to USCIS’ processing time published on June 15, 2003, it has been adjudicating NIW petitions received on May 22, 2002. However, this information is not strictly accurate, since one or our clients’ I-140 Petition, received by USCIS on May 6, 2002, is still pending. We sincerely hope that USCIS can speed up its slow and daunting review process, which would be beneficial to all U.S. citizens who stand to benefit to from our clients’ continued work in the United States.

We thank you for the opportunity to represent you in your immigration matters. We also thank you for your continued s8upport for our quality legal services. We are committed to our best effort in achieving your objectives.