Employers using the H-1B category are very familiar with the
attestations required in the DOL's Form 9035, "Labor
Condition Attestation." The DOS has created its own set of
attestations for employees applying for an H-1B visa in Hyderabad,
India. Given the information solicited, the attestations are
primarily aimed at IT consulting company operations. Structured as
a sworn statement, the document asks the visa applicant (referred
to as the "deponent") to acknowledge certain facts.
First, the attestation requires acknowledgement that the visa
applicant has read and understood the Wilberforce pamphlet, a document that is part of the U.S.
government's effort to fight human trafficking and labor
abuses. The pamphlet is required reading for visa applicants in the
H-1B, H-1B1, H-2A, H-2B, J-1, and B-1 domestic employee categories,
Second, the attestation seeks an array of facts surrounding H-1B
employment involving off-site work, including the identity of the
end client for whom the work is to be performed, and the role of
the H-1B petitioner versus the end client with regard to day-to-day
management, the provision of tools and equipment, hiring and firing
authority, tax withholding, and benefits. Although the existence of
an employer-employee relationship between the petitioner and the
individual who will work at a third-party client site is
adjudicated by U.S. Citizenship and Immigration Services (USCIS) in
the petition stage, the U.S. Consulate General now engages in its
own review by requiring H-1B visa applicants to explain not only
their job duties, but also the greater context within which they
will perform those duties. It is, therefore, important to ensure
that H-1B applicants are prepared to fully respond to comprehensive
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On 31 December 2015 the President gave his assent to certain amendments to the Payment of Bonus Act, 1965. The amendments have increased the wage threshold for determining applicability of the Act from INR 10,000 to INR 21,000 per month.
The Payment of Bonus Act, 1965 provides for the payment of statutory bonus to eligible employees. The bonus payable is to be determined on the basis of profits or on the basis of production or productivity of the establishment.
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