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Social
Security Number Delays and Employment Authorization – By Ashwin
Sharma, Esq.
An
individual who has applied for a Social Security Number but
is subject to administrative delays by USCIS/SSA may lawfully
begin working until he or she receives the SSN, as long as
they can produce other documents evincing work eligibility
(See Form I-9 for a listing). The following excerpts
and supporting documents are provided for further information.
"Do
I need to have a number before I start working?
We do not require you to have a Social Security number before
you start to work, but the Internal Revenue Service requires
employers to report wages using the Social Security number.
While you wait for your Social Security number, your employer
can use a letter from us stating that you applied for a number."
- From Social Security Administration SSA Publication No.
05-10107 - April 2003
In fact, it is an I-9 violation for a US employer to specifically
require an SSN prior to the employee starting work.
See
also:
"There is no federal law administered by any federal
agency which prohibits the hiring of a person based solely
on the fact that the person does not have a Social Security
Number (SSN). Similarly, there is no federal law which prohibits
the making of a payment to a person based solely on the fact
that the person does not have an SSN.”
- From "Delays in Issuing SSNs to Aliens by the Social
Security Administration"
Further Reading:
Fact_Sheet - Employment_Discrimination
US Dept. Of_Justice - Guide_To_Fair_Employment
Social_Security_Online - Employer_Responsibilities_When_Hiring_Foreign_Workers
The
FY2007 H-1B Season Is Upon Us –
By Ashwin Sharma, Esq.
Some
pointers to maximize your success of obtaining an H-1B this
year
The
FY2007 H-1B visa quota opens Saturday April 1, 2006. There
is no way to predict how long the quota will last with any
degree of accuracy, therefore, it is advisable to file petitions
as soon as possible. Last year's quota ran out Mid-August
2005 - it was expected by many to last until at least September
or October 2005. Since the IT market is booming, it is expected
that this year's quota will run out faster than last year.
Employers can petition for H-1B nonimmigrant workers as early
as six months prior to the employee's anticipated start date.
Therefore, if an employer wishes to have an employee start
on October 1, 2006, the earliest date that the employer may
file the petition with the USCIS is April 1, 2006.
This year I urge those of you who hold a US Masters degree
or higher to file only for one of the 20,000 visas available
for holders of advanced degrees. Ensure that your attorney
has selected this exemption, and not the regular 65,000. This
will obviously increase the number of visas for other applicants
who only hold an undergraduate degree.
Some pointers to maximize your success of obtaining an
H-1B this year:
1. File early.
2. Ensure that you have compiled all of the documentation
that your employer or attorney has requested. Missing, incomplete,
or unlegible supporting documentation will contribute to higher
than normal processing delays due to the hectic filing period
immediately following April 1, 2006. On a related note, confirm
that your employer has also put together all necessary documentation.
Following up with employers is crucial, especially those who
are not familiar with the H-1B process.
3. Make legible copies of all documents. Always include photocopies
of both sides of your SSN and I-94 (if applicable).
4. Again, if applicable, be sure to get your educational evaluations
completed early.
5. Include documentation showing your valid status until at
least October 1, 2006. If you are presently in H4 or other
dependent status, obtain documentation showing that your spouse
is in valid status until at least October 1, 2006.
6. Make certain that your job title matches your educational
and/or work experience background.
Occupational Outlook Handbook (OOH), 2006-07 Edition
(OOH), 2006-07 Edition to investigate the correlation between
your job title, job duties and skill sets with your qualifications.
7. Make sure that your employer is offering the prevailing
wage for your job and job location.
8. Discuss any past visa denials with your attorney.
Click
here to view our firm's H-1B page, visit
our blog , or call us at 904-779-0111 if you have
any questions about H-1B processing.
Comment
on India's The Economic Times Article Titled -- "Worried
about H-1B visa? Take the L1 route"– By
Ashwin Sharma
I
recently came across an article by "An Immigration Lawyer
From Mumbai" in India's The Economic Times (Online Edition).
The article is titled
"
Worried about H-1B visa? Take the L1 route".
The author writes passionately regarding the L-1B visa; by
way of background, this is a visa that in limited instances
is a good replacement for the H-1B. The article, however,
paints an incomplete portrait.
The author neglects to mention the
two most basic and substantial obstacles which stand in the
way of L-1B visa aspirants and their sponsors: 1) the L-1B
visa holder cannot be 'body-shopped' and 2) the visa holder
must possess 'specialized knowledge' which is defined as "special
knowledge possessed by an individual of the petitioning organization's
product, service, research, equipment, techniques, management,
or other interests and its application in international markets,
or an advanced level of knowledge or expertise in the organization's
processes and procedures." This
is obviously a difficult burden to bear during processing,
especially in heavy traffic consulates such as Chennai or
New Delhi. Requirements such as these unfortunately
preclude a great majority of the software consulting companies
that place workers at third-party job sites from sponsoring
these visas.
Cases such as the Matter of Colley,
Matter of Penner, and
Matter of Sandoz Crop Protection Corporation stated
that the beneficiary of an L-1B petition must possess proprietary
or unique knowledge. In these cases, a beneficiary would qualify
only where their employers were using unique or specially
patented software or equipment not used by other employers
in the same industry. For example, a beneficiary proficient
in using software developed by his or her employer would qualify
for L-1B status, but a beneficiary with expertise in highly
sophisticated software developed by another company would
not qualify.
Ashwin
Sharma is an Immigration Lawyer who caters to the special
needs of the Indo-American population. He is a Member
of the ABA, AILA, and the FL BAR. He is based in Jacksonville,
Florida and represents clients throughout the world. He can
be reached at 904-779-0111 or ashwin@immigrationfirm.net.
Click here to visit Mr. Sharma's blog at www.ashwinsharma.com
for detailed information on Immigration topics.
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