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Silicon Valley H1-B visa attorney immigrationSuppose you are trying to hire for a position that requires a very specific skill set, and you find a candidate who is perfect in all respects but one: they are not authorized to work in the U.S. Does it make sense to sponsor that person for an H1-B or other type of work visa? Here are three questions you should ask before making that decision:

1. What Is the Company Policy on Sponsorship?

U.S. employers are not required to sponsor employees for immigration. You can freely specify “no sponsorship” in a job ad and refuse to consider people who are not already authorized to work in the US. However, if you choose to consider candidates who require sponsorship, you should have a written company policy and act in accordance with it to avoid being accused of discrimination. For example, you may have one policy applicable to all positions, stating that you do not sponsor employment visas. Or, you may have a policy that lists specific hard-to-fill positions that are eligible for sponsorship.

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San Jose undocumented immigrant lawyerWhen the state of California enacted new laws designed at protecting undocumented immigrants, it prompted a stern response from federal authorities. Now, neighborhoods and workplaces face the threat of more frequent raids by Immigration and Customs Enforcement (ICE) agents looking to take undocumented immigrants into custody.

New California Law

State Bill 54 was signed by California Governor Jerry Brown on October 5, 2017, and it created statewide sanctuary for those who may be living in the state as illegal aliens. The new law includes the following provisions:

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Posted on in US Immigration Law

DACA, immigration hiring, San Jose immigration attorney,  immigration law, immigration policyThe Deferred Action for Childhood Arrivals (DACA) immigration policy has become a hot-button issue lately for politicians, immigration activists and business owners. The primary concern for business owners is that employees who obtain work permits through the program may suddenly face deportation and leave work sites understaffed. Business’ immigration hiring and employment policies would be sharply impacted. 

DACA and Its Impact

Established in 2012, DACA is a means for minors who were brought into the United States illegally by their parents to obtain deferred action from deportation while they obtain an education and/or maintain employment. Economists, CEOs, and business leaders around the country have identified a number of adverse effects to the current administration’s suggestion of either outright ending or phasing out DACA.

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sponsoring family members, San Jose immigration attorney, petitioning for entry, California immigration laws, citizenshipThere is perhaps no better feeling than the unification of family members from across borders. Whether for work, school, or simply to enjoy life together as a family, immigration laws in California are designed to protect the civil and labor rights of those coming from outside the United States to rejoin family members residing here.

In fact, a U.S citizen may petition for certain family members to not only gain entry, but also obtain a Green Card or Visa, depending on the circumstances. Assistance from an experienced immigration attorney can ensure proper steps are taken to make the process as smooth as possible.

Petitioning for Family Members — Which Ones?

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On January 1, 2016, California's minimum wage was raised from $9 per hour to $10 per hour for most employees. Because there are a few exceptions, it is important to understand how the law may affect you or your business.

At $10 per hour, California currently has the highest state minimum wage in the country. Employers governed by state and federal laws are required to comply with the law that is better for workers. So even though the federal minimum wage rate is $7.25 per hour, most California employers must pay employees at least $10 per hour.

According to the California Department of Industrial Relations, exceptions to the state minimum wage law include:

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