Be Alert on Immigration Counter (Passport Alert at Indian Airports )

--- Passport Alert at Indian Airports

Read it Carefully... . BE ALERT!!! Be Careful at the Indian Airports, This is a well organized conspiracy by Indian Immigration, Police, Customs and Air India staff with networking at all the Indian International Airports. Be careful when ever you give your passport to Immigration/ Customs/Air India staff. The pass port can be easily t am pered and can create trouble to you. They have found easy way of making money from NRIs. This is the way it works:
At the time of the passenger's departure, if the passenger is not looking at the officer while he is stamping the exit, the officer very cleverly tears away one of the page from the passport. Whe n the passenger leaves the immigration counter, the case is reported on his computer terminal with full details. Now all over India they have got full details of the passenger with Red Flag flashing on the Passport number entered by the departure immigration officer. They have made their money by doing above. On arrival next time, he is interrogated.



Subject to the passenger's period of stay abroad, his income and standing etc., the price to get rid of the problem is settled by the Police and Immigration people. If someone argues, his future is spoiled because there are always some innocent fellows who think the honesty is the basis of getting justice in India ...

Please advise every passenger to be careful at the airport. Whenever they hand over the passport to the counters of Air India , or immigration or the customs, they must be vigilant, should not remove eyes from the passport even if the officer in front tries to divert their attention.

Also, please pass this information to all friends, media men and important politicians. Every month 20-30 cases are happening all over India to rob the NRIs the minute he lands. Similar case has happened with Ar am co's Arifuddin. He was traveling with his f amily. They had six passports. They got the visa of America and decided to go via Hyderabad from Jeddah. They reach ed Hyderabad . Stayed about a month and left for the States. When they reached the States, the page of the American visa on his wife's passport was missing. At the time of departure from Hyderabad it was there, the whole family had to return to Hyderabad helplessly. On arrival at Bombay back, they were caught by the police and now it is over 2 months, they are running after the Police, Immigration officers and the Courts. On going in to details with him, he found out the following: One cannot imagine, neither can believe, that the Indian Immigration dept can play such a nasty g am e to harass the innocent passengers.

All the passengers traveling to & fro India via Bombay and Hyderabad must be aware of this conspiracy. Every month 15 to 20 cases are taking place, at e ach mentioned airport, of holding the passengers in the crime of tear ing away the passport pages. On interviewing some of them, none of them was aware of what had happened. They don't know why, when and who tore away the page from the middle of the passport. One can imagine the sufferings of such people at the hands of the immigration, police and the court procedures in India after that. The number of cases is increasing in the last 2-3 years. People who are arriving at the immigration, they a re questioned and their passports are being held and they have to go in interrogation. Obviously, the conspiracy started about 2 to 3 years ago, now the results are coming. Some of the Air India counter staff too is involved in this conspiracy.

KINDLY SEND THIS TO AS MANY AS YOUR FRIENDS ACROSS THE WORLD AND ALSO REQUEST THEM TO CHECK THE PASSPORT AT THE CHECKING COUNTERS AND BEFORE LEAVING THE AIRPORT

Opening Manager Technical accounting with a Fortune 500

Manager Finance Operations(TAG)

ROLE SPECIFICATION
TAG has an active role consulting with the lines of business on accounting issues, including providing guidance on new and existing accounting pronouncements. This position is responsible for researching technical accounting issues to determine the appropriate accounting treatment, as well as evaluate existing accounting within the business. The role would also involve working on US GAAP closing & reporting procedures.

Principal Responsibilities:.
Technical Accounting
· Learn about emerging accounting issues that may impact MetLife’s reporting obligations under both GAAP and Statutory requirements.
· Research technical accounting issues and accounting policy/procedure matters. Interpret and project the financial impact on US Operations, both on a GAAP and a statutory basis.
· Prepare position papers presenting the Technical Accounting Group’s interpretation of the issues, application of appropriate guidance and conclusion on the accounting treatment.
· Stay abreast of new accounting changes/developments. Analyze technical pronouncements and ask questions to gain an understanding. Evaluate and effectively communicate implications for MetLife of the proposed issue. Assist with implementation of new accounting pronouncements.
· Working with the business on preparation of accounting reporting US GAAP schedules and other back up supporting requirements.

Customer Focus and Partnership
· Partner with various units (Financial Reporting, Expenses, etc) in order to understand the accounting issues.
· Provide timely and accurate guidance/assistance in evaluating accounting treatment/processes/procedures to various groups within the business.
· Build relationship with Corporate Technical Accounting Service Unit (TASU) and TAG members from other business units. Work collectively with various groups to resolve complex issues.

Time/Project Management
· Prioritize and focus to meet customer expectations and project deadlines.
· Work under constant changing environment.
· Manage multiple tasks to ensure all deliverables are completed by due dates.

Perform ad hoc tasks/projects

SEARCH SPECIFICATION
Competencies / Skill requirements
· 2-4 years of financial accounting/ reporting experience (atleast 1-2 years of US GAAP experience mandatory)
· Good understanding of accounting guidance. A willingness to analyze technical pronouncements and ask questions to gain an understanding. Sound technical and research skills as demonstrated by an understanding and practical application of various accounting guidance
· An inquisitive and logical thinking mind and strong analytical and problem solving skills.
· Strong interpersonal skills (independence and confidence to present views and perspectives).
· Excellent communication skills, including effective and concise writing skills and verbal communication skills.
· Ability to quickly acquire an understanding of the organization's operations and its accounting systems.
· Ability to handle multiple tasks/projects simultaneously, to prioritize and meet deadlines.
· Goal oriented.
· Ability to work independently and as part of a team.
· Proficiency with computer systems, PC’s and financial software applications. Proficiency in Microsoft Office software packages. Working knowledge of PeopleSoft a plus.
· Insurance industry experience preferred.
Education:
· Chartered Accountant with 3-5 years of experience ( at least 1-2 years of experience in US GAAP financial closing & reporting is mandatory)
· Chartered Accountant with a CPA would be preferred
· Chartered Accountant from a Big 4 would be preferred

sk.onesource@gmail.com

Sr financial analyst/ Assistant Manager For US GAAP

Adecco People One is an HR Solutions company that works across the globe with various Clients in all major sectors.
This mail is with regards to a requirement with a Leading Multi National Company. The following is the job description & requirement:

Activities may include (but are not limited to):

SR FINANCIAL ANALYST

Responsibilities:
1. Candidate will be part of the Corporate Accounting team in India.
2. Candidate will handle monthly closing entries, monthly expense accruals, expense and overhead allocations and variance analysis.
3. Candidate will also actively participate in compilation of Form 10Q and 10K.
4. Candidate will also be responsible for monthly reporting on the above areas, support groups and should assist in Senior management reporting.
5. Candidate is also required to assist in the preparation of cash flows for quarterly reporting.
6. Candidate will assist in running and optimizing the consolidation models of the company on a monthly basis.


Key Result Areas:
o Contribute effectively to the monthly close to be completed within 5 working days per Six Sigma requirements.
o Provide timely information and reports required by management and auditors on the above areas.
o Work on process improvements to identify automation opportunities and reduce manual dependency in the above areas, mainly in consolidation models.

Required Qualification & Skills:
o Chartered Accountant or CPA
o 3-4 years of experience in Finance and Accounting
o Hands on experience in US GAAP accounting and good knowledge India GAAP.
o High expertise with MS Excel & good knowledge of MS Word
o Good written and verbal communication required to interact with top management
o Should possess high energy levels, be a self starter, a good team player, a self motivated and driven person to meet the ever-changing demands of a dynamic department/team
o Respond positively to pressure. Should be a fast worker, efficient and consistently detail oriented


ASSISTANT MANAGER

Responsibilities:

1) Financial accounting & reporting for Company as per US GAAP
2) Assist in planning and analysis for Company
3) Adherence to internal controls and identifying opportunities for cost control.
4) General ledger & reporting system administration
5) Management reporting

KRA:

1) Preparation of financial statements for Company within the timelines
2) Preparation of supplemental schedules and analysis on a monthly basis within the timelines
3) Assisting in preparation of annual operating plan
4) Comparison between plan and actual s and evaluating the differences
5) General Ledger & Reporting System Administration
6) Preparation of various management reports

Skills/Experience:

1) Education: Qualified CA with 2-4 years of experience
2) Experience: Ideal candidate will have experience in a finance function of a bank, securities firm, an investment house, a brokerage firm or have hedge/investment accounting experience. Candidates from Big 4 firms preferred.
3) Candidate with experience of Investment Accounting/Loan Accounting/Hedge Accounting preferred
4) Exposure to United States Generally Accepted Accounting Standards (US GAAP)
5) Multi-tasking and ability to work with tight deadlines
6) Good interpersonal & communication skills

Candidated must be will to work in 1:30 PM to 10:30 PM shift.
Position is based out of Bangalore.

If interested kindly forward your updated profile for the same. if not kindly refer it to your friends & collegues.

Regards
Nithya Seelan

nithya.seelan@adecco.co.in

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Finance & Accounting Mgr for EKA Software, Bangalore

We seek Finance and Accounting Manager for our client EKA Software, Bangalore. Should you be interested in the profile detailed below, send in your profile to recruiter@verdureconsulting.com.
-------------------------------------
Position/Title: Finance & Accounts Manager
The Finance & Accounts Manager will be part of Eka's Finance team.

Education
B.Com/M.Com with CA.

Experience
8 – 10 years of experience in accounting, banking and Compliance tasks.

Skill Sets
– Competent in internal controls, accounting systems and proficient in IT. Strong professional ethics, integrity and honesty.
– Excellent in interpersonal, communication and leadership skills.
– Candidates with experience in multinational companies will have added advantage.

Responsibilities
– Leads the entire function and a team of direct reports.
– Responsible for administering the company's financial strategy.
– Plans, organizes and directs all financial activities including the management of accounting, financial planning, fiscal procedures, cost control and investment studies and analyses.
– Oversees activities related on the management of funds, securities and assets of the company.
– Management Reports according to Indian and US standards.
– Preparing and monitoring annual budgets and periodic forecasts.
– Liaising with internal/external auditors on operational and statutory audits.
– Managing all treasury matters including bank trade finance facilities and cash flow planning.
– Developing and maintaining effective internal control system.
– Ensuring corporate governance and legal compliance with the local authorities.
– Tax planning and administration.
– Supervision of materials planning, procurement, inventory and store operations.
– Developing and implementing management information tools.

cv@verdureconsulting.com

 

 

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Opening For Manager Operations

Greetings,We have an opening for Manager Operations with Zenta.If you are interested & have exposure in the below mentioned areas kindly revert to proceed further..Core accounting experience (AR/AP/GL), JV Reporting (Journal Voucher Reporting),Onsite Transition/Migration experience.

Must have experience in JV Reporting & Core Accounting (GL/AP/AR).
Must have Onsite-Transition experience. (Accounting process).
CA-Qualified
Must have experience managing a team of 50 members.
Should be willing for continuous night shifts.
Excellent communications skills.

Job Responsibilities:

Must have experience in JV Reporting (Journal Voucher Reporting).
Must have core accounting experience.
Must have prior transition- Accounting process experience.
Client Relationship and Servicing.
Ability to manage a team of 50- 100 Analysts.
Drive Operations Excellence, Process Improvements and utilizations.
Coordination and Communication with the enabling groups.
Create and provide regular MIS for management decision making.
Reward and recognize employees; track and enhance employee performance.

Thanks & Regards,

Helen John
9940075494
Phone No - 044 28312122/65292998

helen@alchemistindia.org

 

 

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ICWAI Members can now Practice in United States

ICWAI members can now practise in United States

Mumbai: In what could provide a big thrust to the cost accounting profession in the country, the Institute of Cost and Works Accounts of India, the apex body to regulate the profession of cost and management accountancy in the country, has finalised a mutual recognition agreement with the Institute of Management Accountants of the United States.

According to ICWAI president Kunal Banerjee, this agreement would allow members of both institutes to get automatic membership of each other. He, however, stated that it would be necessary for the ICWAI members to retain the Institute's membership to be able to continue to hold the IMA membership.

Similar agreement is on the anvil with CMA Canada, Banerjee said.

Both these proposed agreements will open up opportunities for Indian cost accounting professionals to practise in the US and Canada, which account for more than one-fourth of the world economy.  

At present, there are 42,000 qualified cost accounting professionals in India, but only 29,000 have taken ICWAI membership. And only a small majority of 1,700 members are practising cost accountants, with the rest being employed as finance and accounting professionals.

The Institute has already signed a mutual recognition agreement with the Chartered Institute of Management Accountants of UK, which would allow students to take both the accountancy bodies' professional examinations. CIMA is an international professional body with a sole focus on training finance professionals in business and government.

Source: Business Standard

Weblink :

 

http://www.uscis. gov/portal/ site/uscis/ menuitem. 5af9bb95919f35e6 6f614176543f6d1a /?vgnextoid= 1eb19b5d82420210 VgnVCM1000004718 190aRCRD&vgnextchannel= e7d696cfcd6ff110 VgnVCM1000004718 190aRCRD

 

Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions

Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act before they may hire a foreign national to work in the H-1B specialty occupation category.

Background

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act ("stimulus bill"), Public Law 111-5. The stimulus bill contained the Employ American Workers Act ("EAWA"), Pub. L. 111-5, Div. A, Title XVI, § 1611.

Questions and Answers

Q. What does EAWA do?
A. EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program ("TARP"), Pub. L. 110-343, Div. A, Title I, or under section 13 of the Federal Reserve Act (collectively referred to in this document as "covered funding").

Under EAWA, any company that has received covered funding and seeks to hire H-1B workers is considered to be an "H-1B dependent employer."

An "H-1B dependent employer" must make the following additional attestations to the U.S. Department of Labor (DOL) when filing a Labor Condition Application (LCA):

• It has taken good faith steps to recruit U.S. workers (defined as U.S. citizens or nationals, lawful permanent resident aliens, refugees, asylees, or other immigrants authorized to be employed in the United States (i.e., workers other than nonimmigrant aliens) using industry-wide standards and offering compensation that is at least as great as those offered to the H-1B nonimmigrant;
• It has offered the job to any U.S. worker who applies and is equally or better qualified for the job that is intended for the H-1B nonimmigrant; 
• It has not "displaced" any U.S. worker employed within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing. A U.S. worker is displaced if the worker is laid off from a job that is essentially the equivalent of the job for which an H-1B nonimmigrant is sought; and 
• It will not place an H-1B worker to work for another employer unless it has inquired whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.

Q. Are the EAWA requirements permanent?

A. No. EAWA took effect on Feb. 17, 2009 and will sunset two years from the date of enactment.

 

Q. Which specific U.S. companies are affected?

A. USCIS is working with the Department of the Treasury and other relevant agencies to identify companies that have received covered funding. USCIS, however, expects companies seeking to hire H-1B workers to know whether or not they have received covered funding and act accordingly with respect to hiring an H-1B nonimmigrant.

EAWA only applies to U.S. companies that received covered funding and want to hire new H-1B workers.

The normal exception to the H-1B dependent employer requirements that an H-1B nonimmigrant is exempt from the dependency calculation if the individual earns a salary of at least $60,000 or has a master's degree or higher is not available to companies that have received covered funding.

 

Q. What is an H-1B nonimmigrant?

A. An H-1B nonimmigrant is a foreign national who comes to the United States temporarily to work in a specialty occupation. A specialty occupation position is one that generally requires a bachelor's or higher degree and specialized knowledge.

A U.S. employer seeking to hire H-1B workers must file an LCA with DOL and submit the certified LCA with the H-1B petition with USCIS. There also is an annual limit of 65,000 on H-1B workers, subject to certain exceptions. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters' degree or higher are exempt from the fiscal year cap.

 

Q. To which H-1B hires does EAWA apply?

A. EAWA applies to any "hire" taking place on or after Feb. 17, 2009, and before Feb. 17, 2011. EAWA defines "hire" as an employer permitting a new employee to commence a period of employment; that is, the introduction of a new employee to the employer's U.S. workforce.

 

EAWA applies to:

• Any LCA or petition filed on or after Feb. 17, 2009 involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
• New employment (i.e., hires) based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

EAWA does not apply to:

• A petition to extend the H-1B status of a current employee with the same employer.
• A petition seeking to change the status of a current U.S. work-authorized employee to H-1B status with the same employer.

Q. How is USCIS implementing EAWA?

A. EAWA affects the current LCA process administered by DOL and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding recruitment and hiring of U.S. workers.

USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. This revised form will be posted to the USCIS website in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

 

However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

A valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. Therefore, if the petitioner indicates on its petition that it is subject to the EAWA, but the LCA does not contain the proper attestations relating to H-1B dependent employers, the H-1B petition will be denied.

 

 

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ICWAI Members can now Practice in United States

ICWAI members can now practise in United States

Mumbai: In what could provide a big thrust to the cost accounting profession in the country, the Institute of Cost and Works Accounts of India, the apex body to regulate the profession of cost and management accountancy in the country, has finalised a mutual recognition agreement with the Institute of Management Accountants of the United States.

According to ICWAI president Kunal Banerjee, this agreement would allow members of both institutes to get automatic membership of each other. He, however, stated that it would be necessary for the ICWAI members to retain the Institute's membership to be able to continue to hold the IMA membership.

Similar agreement is on the anvil with CMA Canada, Banerjee said.

Both these proposed agreements will open up opportunities for Indian cost accounting professionals to practise in the US and Canada, which account for more than one-fourth of the world economy.  

At present, there are 42,000 qualified cost accounting professionals in India, but only 29,000 have taken ICWAI membership. And only a small majority of 1,700 members are practising cost accountants, with the rest being employed as finance and accounting professionals.

The Institute has already signed a mutual recognition agreement with the Chartered Institute of Management Accountants of UK, which would allow students to take both the accountancy bodies' professional examinations. CIMA is an international professional body with a sole focus on training finance professionals in business and government.

Source: Business Standard

Weblink :

 

http://www.uscis. gov/portal/ site/uscis/ menuitem. 5af9bb95919f35e6 6f614176543f6d1a /?vgnextoid= 1eb19b5d82420210 VgnVCM1000004718 190aRCRD&vgnextchannel= e7d696cfcd6ff110 VgnVCM1000004718 190aRCRD

 

Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions

Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act before they may hire a foreign national to work in the H-1B specialty occupation category.

Background

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act ("stimulus bill"), Public Law 111-5. The stimulus bill contained the Employ American Workers Act ("EAWA"), Pub. L. 111-5, Div. A, Title XVI, § 1611.

Questions and Answers

Q. What does EAWA do?
A. EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program ("TARP"), Pub. L. 110-343, Div. A, Title I, or under section 13 of the Federal Reserve Act (collectively referred to in this document as "covered funding").

Under EAWA, any company that has received covered funding and seeks to hire H-1B workers is considered to be an "H-1B dependent employer."

An "H-1B dependent employer" must make the following additional attestations to the U.S. Department of Labor (DOL) when filing a Labor Condition Application (LCA):

• It has taken good faith steps to recruit U.S. workers (defined as U.S. citizens or nationals, lawful permanent resident aliens, refugees, asylees, or other immigrants authorized to be employed in the United States (i.e., workers other than nonimmigrant aliens) using industry-wide standards and offering compensation that is at least as great as those offered to the H-1B nonimmigrant;
• It has offered the job to any U.S. worker who applies and is equally or better qualified for the job that is intended for the H-1B nonimmigrant; 
• It has not "displaced" any U.S. worker employed within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing. A U.S. worker is displaced if the worker is laid off from a job that is essentially the equivalent of the job for which an H-1B nonimmigrant is sought; and 
• It will not place an H-1B worker to work for another employer unless it has inquired whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.

Q. Are the EAWA requirements permanent?

A. No. EAWA took effect on Feb. 17, 2009 and will sunset two years from the date of enactment.

 

Q. Which specific U.S. companies are affected?

A. USCIS is working with the Department of the Treasury and other relevant agencies to identify companies that have received covered funding. USCIS, however, expects companies seeking to hire H-1B workers to know whether or not they have received covered funding and act accordingly with respect to hiring an H-1B nonimmigrant.

EAWA only applies to U.S. companies that received covered funding and want to hire new H-1B workers.

The normal exception to the H-1B dependent employer requirements that an H-1B nonimmigrant is exempt from the dependency calculation if the individual earns a salary of at least $60,000 or has a master's degree or higher is not available to companies that have received covered funding.

 

Q. What is an H-1B nonimmigrant?

A. An H-1B nonimmigrant is a foreign national who comes to the United States temporarily to work in a specialty occupation. A specialty occupation position is one that generally requires a bachelor's or higher degree and specialized knowledge.

A U.S. employer seeking to hire H-1B workers must file an LCA with DOL and submit the certified LCA with the H-1B petition with USCIS. There also is an annual limit of 65,000 on H-1B workers, subject to certain exceptions. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters' degree or higher are exempt from the fiscal year cap.

 

Q. To which H-1B hires does EAWA apply?

A. EAWA applies to any "hire" taking place on or after Feb. 17, 2009, and before Feb. 17, 2011. EAWA defines "hire" as an employer permitting a new employee to commence a period of employment; that is, the introduction of a new employee to the employer's U.S. workforce.

 

EAWA applies to:

• Any LCA or petition filed on or after Feb. 17, 2009 involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
• New employment (i.e., hires) based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

EAWA does not apply to:

• A petition to extend the H-1B status of a current employee with the same employer.
• A petition seeking to change the status of a current U.S. work-authorized employee to H-1B status with the same employer.

Q. How is USCIS implementing EAWA?

A. EAWA affects the current LCA process administered by DOL and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding recruitment and hiring of U.S. workers.

USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. This revised form will be posted to the USCIS website in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

 

However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

A valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. Therefore, if the petitioner indicates on its petition that it is subject to the EAWA, but the LCA does not contain the proper attestations relating to H-1B dependent employers, the H-1B petition will be denied.

 

 

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Career Talk

Unconvinced by proven research that networking is the most effective use of time for those in job search, many executives spend hours online, attaching and sending countless résumés with the hopes of catching the attention of a hiring manager or recruiter. Occasionally, the right résumé lands in the right hands. To increase the odds, cover letters should always be customized to showcase the skills and experience for a specific position.

"One of the most common mistakes that I see are generic letters that are obviously so, and sent to everyone with no modification," says résumé writer Michelle Dumas, owner of Distinctive Career Services LLC.

To easily customize cover letters, use the job description as a roadmap. Feature keywords from the job description in your résumé and cover letter. The hiring company is telling you exactly what they want and the skills they need. If you approach each requirement in the job description as a question, your cover letter should provide a corresponding answer.

For example, if the job description calls for "management experience in a manufacturing environment in China," the cover letter should include information you managed the Asian operations of a global manufacturing facility from the headquarters in China. The requirement, "ability to grow business unit and deliver profits" can be addressed in the cover letter with "increased departmental revenue 75 percent, which exceeded budget."

This customization method won't be as quick as the mass attach-and-send approach, but it will help a recruiter quickly ascertain whether you are a viable candidate.

Robyn Greenspan
Editor-in-Chief
ExecuNet
Robyn.Greenspan@execunet.com
295 Westport Avenue
Norwalk, CT 06851
800.637.3126

 

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Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions

Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act before they may hire a foreign national to work in the H-1B specialty occupation category.

Background

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (“stimulus bill”), Public Law 111-5. The stimulus bill contained the Employ American Workers Act (“EAWA”), Pub. L. 111-5, Div. A, Title XVI, § 1611.

Questions and Answers

Q. What does EAWA do?
A. EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program (“TARP”), Pub. L. 110-343, Div. A, Title I, or under section 13 of the Federal Reserve Act (collectively referred to in this document as “covered funding”).

Under EAWA, any company that has received covered funding and seeks to hire H-1B workers is considered to be an “H-1B dependent employer.”

An “H-1B dependent employer” must make the following additional attestations to the U.S. Department of Labor (DOL) when filing a Labor Condition Application (LCA):

• It has taken good faith steps to recruit U.S. workers (defined as U.S. citizens or nationals, lawful permanent resident aliens, refugees, asylees, or other immigrants authorized to be employed in the United States (i.e., workers other than nonimmigrant aliens) using industry-wide standards and offering compensation that is at least as great as those offered to the H-1B nonimmigrant;
• It has offered the job to any U.S. worker who applies and is equally or better qualified for the job that is intended for the H-1B nonimmigrant; 
• It has not “displaced” any U.S. worker employed within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing. A U.S. worker is displaced if the worker is laid off from a job that is essentially the equivalent of the job for which an H-1B nonimmigrant is sought; and 
• It will not place an H-1B worker to work for another employer unless it has inquired whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.

Q. Are the EAWA requirements permanent?

A. No. EAWA took effect on Feb. 17, 2009 and will sunset two years from the date of enactment.

 

Q. Which specific U.S. companies are affected?

A. USCIS is working with the Department of the Treasury and other relevant agencies to identify companies that have received covered funding. USCIS, however, expects companies seeking to hire H-1B workers to know whether or not they have received covered funding and act accordingly with respect to hiring an H-1B nonimmigrant.

EAWA only applies to U.S. companies that received covered funding and want to hire new H-1B workers.

The normal exception to the H-1B dependent employer requirements that an H-1B nonimmigrant is exempt from the dependency calculation if the individual earns a salary of at least $60,000 or has a master’s degree or higher is not available to companies that have received covered funding.

 

Q. What is an H-1B nonimmigrant?

A. An H-1B nonimmigrant is a foreign national who comes to the United States temporarily to work in a specialty occupation. A specialty occupation position is one that generally requires a bachelor’s or higher degree and specialized knowledge.

A U.S. employer seeking to hire H-1B workers must file an LCA with DOL and submit the certified LCA with the H-1B petition with USCIS. There also is an annual limit of 65,000 on H-1B workers, subject to certain exceptions. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap.

 

Q. To which H-1B hires does EAWA apply?

A. EAWA applies to any “hire” taking place on or after Feb. 17, 2009, and before Feb. 17, 2011. EAWA defines “hire” as an employer permitting a new employee to commence a period of employment; that is, the introduction of a new employee to the employer’s U.S. workforce.

 

EAWA applies to:

• Any LCA or petition filed on or after Feb. 17, 2009 involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
• New employment (i.e., hires) based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

EAWA does not apply to:

• A petition to extend the H-1B status of a current employee with the same employer.
• A petition seeking to change the status of a current U.S. work-authorized employee to H-1B status with the same employer.

Q. How is USCIS implementing EAWA?

A. EAWA affects the current LCA process administered by DOL and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding recruitment and hiring of U.S. workers.

USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. This revised form will be posted to the USCIS website in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

 

However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

A valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. Therefore, if the petitioner indicates on its petition that it is subject to the EAWA, but the LCA does not contain the proper attestations relating to H-1B dependent employers, the H-1B petition will be denied.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1eb19b5d82420210VgnVCM1000004718190aRCRD&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190aRCRD

 

 

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