Foreign Employees: Are You Temporary Or Permanent?
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Home / Foreign Employees: Are ...Employment of foreign workers in the U.S. is a tricky business. The rules and regulations are complex and can sometimes be confusing. One example are the differences between temporary and permanent employment, as illustrated by a recent decision by the labor certification appeals board in Matter of Bally Gaming Inc., decided on 9/2/2016.
After noticing that the employee was residing in Kennesaw, Georgia, at the time of filing, the Certifying Officer (CO) issued an audit notification to the employer, requesting for documents regarding the location of the permanent employment.
Here, the employer was following the terms and regulations under the H-1B program by employing the employee to work in two locations. In fact, the employer produced the PWD for the H-1B employment, which contained both work locations. For permanent employment in the future, the employer intended to employ the employee only at the Egg Harbor, New Jersey location. The related advertisements and the ETA 9089 form are consistent in this respect. Consequently, the Board reversed the CO decision and granted certification.
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