The U.S. Citizenship and Immigration Services (USCIS) appeals panel ruled this week that visa petitions based on illegal employment contracts will be rejected—and, specifically, that L-1B petitioners intending to keep workers on foreign payroll must meet both federal and state minimum-wage requirements.
BAL Analysis: The ruling makes it clear that petitioners must be prepared to meet the requirements of both federal and state minimum-wage laws, and it has potentially significant consequences for companies that file L-1 petitions with USCIS for workers who will remain on foreign payroll. USCIS has noted in past policy memoranda that what counts as “‘total compensation’ is fact-dependent, but may include, besides wages or salary, other guaranteed forms of payment made to an employee for services to be rendered for the petitioner” and that this compensation “may be paid in the form of money, a commodity, a service, or a privilege, including food, transportation and housing allowances, as well as guaranteed bonuses.” Those with any questions on minimum compensation requirements, including requirements as they related to the I-Corp case, should contact BAL.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
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