Immigration Update
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Your Trusted Immigration News Source March  2009, Vol. 2, Issue 2
GLG NEWS
�  Jerry Grzeca will attend AILA's National Day of Action in Washington, D.C. on March 19, 2009 to advocate for immigration reform before Members of Congress and their staff. 
 

  Jerry is the Program Chair of the 2009 AILA Annual Conference to be held in June in Las Vegas.
 
�  Are you LinkedIn? Join Jerry's network to stay connected.
QUOTABLES
"The immigrant's heart marches to the beat of two quite different drums, one from the old homeland and the other from the new. The immigrant has to bridge these two worlds, living comfortably in the new and bringing the best of his or her ancient identity and heritage to bear on life in an adopted homeland."

 Irish President McAleese

H-1B Filing Deadline
REMINDER
New H-1B visas for your professional employees will again be available for employment beginning October 1, 2009.  CIS will begin to accept H-1B petitions for this employment six months in advance, on April 1, 2009.
Did you know?
- In the absence of green card and H-1B constraints, roughly 182,000 foreign graduates of U.S. colleges and universities in STEM fields would likely have remained in the United States over the period 2003-2007. They would have earned roughly $13.6 billion in 2008, raised the GDP by that amount, and would have contributed $2.7 to $3.6 billion to the federal treasury.

- In the absence of green card constraints, approximately 300,000 H-1B visa-holders whose temporary work authorizations expired during 2003-2007 would likely have been in the United States labor force in 2008. These workers would have earned roughly $23 billion in 2008, raised the GDP by that amount, and would have contributed $4.5 to $6.2 billion to the federal treasury.

- Technology Policy Institute
Quick Links
KISS ME, I'M IRISH!   
St. Patrick's Day CelebrationShamrock
This St. Patrick's Day, many Americans will celebrate their Irish-American heritage.  In fact, St. Patrick's Day has become a popular and social holiday celebrated by those in America with or without Irish ancestry.  Read more �


IMMIGRATION VS. ECONOMIC STIMULUS  
Economic Stimulus Package and the Future of Immigration
Immigration has been front and center in the discussions regarding the United States' economic vitality and in particular, the Economic Stimulus Package recently signed into law by President Obama.   Read more �


WHICH WAY IS UP?  
Further Retrogression for Employment-Based Green Card Applicants
In a move apparently reflecting higher than expected global demand for green cards, the Department of State recently announced further retrogression in some of the most popular employment-based categories in its April 2009 Visa Bulletin. 
Read more �



START PLANNING FOR THE FUTURE NOW 
Plan Early for H-2B Visas for Needed Seasonal Workers
If you think your organization could benefit from H-2B workers, it is important to plan early.  Starting Fiscal Year 2010, new regulations have modified the process for obtaining H-2B visas.
Read more �


GET YOUR VOICE  HEARD 
AILA National Day of Action in Washington, D.C.
On March 19, 2009, the American Immigration Lawyers Association (AILA) is sponsoring a National Day of Action to educate Members of Congress and their staffs about problems in the current immigration system.   Read more �

GLG Employer
Compliance Services
  • I-9 Audit / Compliance Review
  • Social Security No-Match Policy
  • Mandatory E-Verify Requirement
  • Worksite Enforcement Policies
  • Pre-hiring, Discrimination and Post-employment Immigration Issues
  • Immigration Hiring and Reimbursement Policies
  • Mergers & Acquisitions Advice
  • H-1B Public Access File Compliance
  • Host an I-9 Webinar for your company
REMINDER: Changes in Form I-9 Effective April 3rd
Remember that all employers must use a new Form I-9 for employees hired on or after April 3, 2009, due to an amendment of federal regulations.  The Department of Homeland Security has revised the I-9 and made changes in the types of acceptable identity and employment authorization documents that employees may present to their employers for completion of Form I-9.

The new Form I-9 and instructions are available on the CIS website at http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf.
Please note that the Handbook for Employers has not yet been modified to reflect these changes, so any inconsistencies should be resolved by reference to the new instructions and Form I-9.

Please do not hesitate to contact Grzeca Law Group if you or your employees have any questions when completing the new Form I-9.




While the U.S. has traditionally been on the "receiving" end of Irish immigration, with almost 37,000,000 Americans (more than 12% of total population) reporting Irish ancestry in a 2006 U.S. Census survey, recent trends in globalization and a fairly liberal immigration policy on the Emerald Isle, has shifted the dynamic between these two friendly nations and may ensure that Ireland is the "melting pot" of the 21st century.

Due to an economic boom in the 1990's, expansion of the European Union (EU) and overall liberal immigration policies, Ireland welcomed various groups of immigrants with open arms in the early years of this decade. However, much like the restrictionist trends in the U.S. that resulted from tougher economic times and a sense of being "overwhelmed" by immigrants, Ireland tightened its immigration standards. For example, in the last six years, the nation has removed the automatic right to permanent residence for parents of Irish-born children. In addition, a nationwide referendum eliminated an Irish-born child's automatic right to citizenship when the parents are not Irish nationals.

Even through this period of stricter immigration policies, Ireland has continued to value "economic" or employment-based immigration. In particular, unlike many other "receiving" countries, Ireland welcomes the influx of legal workers to work in low-skilled occupations. With the expansion of the E.U., Ireland has consistently granted citizens of new member states free access to the Irish labor market.

Both the U.S. and Ireland recognize the need to keep ties between the nations strong and are using immigration as a tool to do so. The countries recently announced a pilot program, called the Intern Work and Travel Program, to expand the U.S.'s J-1 exchange visitor program between citizens of Ireland and the United States. Under the program, which has been authorized for five years, 20,000 visas will be available for Irish exchange visitors to the U.S., while 5,000 American citizens will be allowed to reside and work in Ireland each year.

According to the U.S. Department of State, "(t)his innovative, reciprocal exchange program will be conducted as a five year pilot program under which qualifying Irish post-secondary college/university students and recent graduates will enter the United States to participate in internships and travel independently for a period of up to 12 months. The Government of Ireland will provide reciprocal opportunities for U.S. participants." The program is one of many steps that will ensure the continued strength in connection between the U.S. and Ireland.

Please contact our office for more information about how your company could benefit from the Intern Work and Travel Program between the United States and Ireland.


Does the Economic Stimulus Package Foreshadow the Future of Immigration?

Immigration has been front and center in the discussions regarding the United States' economic vitality, in particular the Economic Stimulus Package recently signed into law by President Obama. Unfortunately, many of the opinions expressed tend to down play the importance of foreign nationals to our economy and instead make them "scapegoats" for a very serious problem. Indeed, "magic-bullet" programs proposed by Congress and several government agencies, aimed at curbing the employment of foreign workers, actually threaten to further weaken an already frail economy. In particular, two important immigration related programs, E-Verify and the H-1B Specialty Occupation work visas, were hot topics while Congress debated the Economic Stimulus Package.

E-Verify
The U.S. Citizenship and Immigration Services' E-Verify program, an internet-based system that allows employers to verify employment eligibility for foreign workers, has been plagued with costly problems since its inception in 1997. Yet a proposed new rule would make the system mandatory for federal agencies, a move that would result in a societal impact of $10 billion a year, according to an economic analysis commissioned by the U.S. Chamber of Commerce. Further, according to the Congressional Budget Office, mandatory implementation without first legalizing the current undocumented population would decrease Social Security Trust revenue by more than $22 billion over ten years due to workers resorting to employment outside of the tax system.

Even though the federal government has twice postponed mandatory implementation to give the U.S. District Court and the new administration time to re-evaluate E-Verify, some legislators pushed to require use of the system by companies receiving stimulus dollars under the Troubled Assets Relief Act (TARP). Had the House-Senate conferees not stripped this requirement from the $787 billion stimulus bill signed by President Obama, these companies, recognized by the government as already struggling to survive, would have faced the burden of funding the costly implementation of the error-riddled system.

H-1B Specialty Occupation Workers
Another proposal that promises an economic impact is the further capping of H-1B visas granted to U.S. employers. U.S. employers actively recruit worldwide for professionals in specialty occupations including Scientists, Engineers, Mathematicians and Medical Professionals. Since 2000, the quota of H-1Bs extended has decreased from 195,000 visas per year to 65,000 plus an additional 20,000 Advanced Degree H-1B visas. For fiscal year 2009, the entire quota for visas was reached in a mere five days.

Critics of H-1B legislation argue that, during this time of high unemployment across America, employers should be releasing H-1B workers and extending the newly open positions to U.S. citizens. Beyond the discriminatory nature of firing a certain class of worker or foreign national based purely upon nationality, the benefits of this movement would have limited impact on unemployment rates and could critically hamper U.S companies' ability to innovate at a rate equal to or greater than the global competition.

Once again, companies receiving TARP funds have found themselves at the center of the controversy. In response to an Associated Press article ("Banks Look Oversees," February 2, 2009) Senators Bernard Sanders (I-VT) and Charles Grassley (R-AI) produced an amendment to restrict TARP companies from hiring H-1B workers. Upon further investigation of the report, a National Foundation for American Policy (NFAP) analysis found the AP overstated the current use of H-1B visas by these institutions. In fact, of the 12 large recipients of TARP funds, less than .01% of the total workforce for each company was made up of new H-1B workers in 2007. Even more compelling, a March 2008 NFAP Policy Brief found that rather than displacing Americans, data showed for every H-1B position requested, technology companies actually increased their employment by 5 workers. Nonetheless, under the newly passed economic stimulus bill, TARP companies will largely be prohibited from hiring H-1B visa holders for at least the next two years.

As unemployment numbers continue to rise and average families are directly affected, it becomes even more important to understand that economic recovery and growth depends upon our remaining competitive in a globalized economy. Now, more than ever, it's important for our leaders to recognize the type of talent being recruited into the United States. H-1B workers are specialists, some are the absolute best in their chosen field, and they are helping American businesses plant the seeds for our future growth and stability.

Please contact Grzeca Law Group if you feel the new H-1B limitations imposed on TARP fund recipients may effect your company; we would be happy to walk you through the new procedures.
Further Retrogression for Employment-Based Green Card Applicants

In a move apparently reflecting higher than expected global demand for green cards, the Department of State recently announced further retrogression in some of the most popular employment-based categories in its April 2009 Visa Bulletin.  In particular, green card applicants in the third employment-based category (for positions requiring a bachelors degree or at least two years of experience) from almost all countries now face a longer wait.  In the most drastic change, green cards are now available to applicants in this category from all countries except China, India, and, Mexico who began the permanent residence process prior to March 1, 2003.  In previous months, the DOS indicated that green cards were available to those people who began their permanent residence case before May 1, 2005, almost two years later.
 
According to the DOS, things could get worse before they get better: "Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY-2009, in order to hold visa use within the applicable annual numerical limits.  Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October."
 
This continued retrogression emphasizes both the need for comprehensive immigration reform that accounts for the significant demand for employment-based green cards as well as the necessity for employers to begin the green card process early for their employees so that they may remain and work in the United States while their green card case is pending.  Contact GLG today to find out how to start the green card process for your foreign national employees.

Plan Early for H-2B Visas for Needed Seasonal Workers

The H-2B visa category is a useful category for many industries, as it allows companies to employ foreign nationals in positions for which a temporary need exists and for which qualified U.S. workers are unavailable. There are three main criteria for the H-2B Visa category:

� The company must have a temporary need for the foreign national employee, typically no more than a ten month period;
� The employee must possess the skills required to perform the job; and,
� The company must demonstrate that no U.S. workers are qualified and available for the job, and that the company offers the prevailing wages and conditions for the position.

If you think your organization could benefit from H-2B workers, it is important to plan early. Starting Fiscal Year 2010, new regulations have modified the process for obtaining H-2B visas. In addition, like many other visas, there is a cap on the number of H-2B visas available per year. 33,000 of total 66,000 visas are released on October 1 and 33,000 are released on April 1.

As Employers can begin filing these Applications on June 3, 2009 for an October 1, 2009 start date, it is important that discussions regarding the revamped process and seasonal needs begin as early as late-March to ensure enough time to organize the Application and gather the necessary supporting documentation.

We would be happy to guide you through this new process. Please contact our office for more information and to see if pursuing an H-2B Visa may be right for your organization.

AILA National Day of Action

On March 19, 2009, the American Immigration Lawyers Association (AILA) is sponsoring a National Day of Action to educate Members of Congress and their staffs regarding problems in the current immigration system so that they can be more effective in understanding and advancing legislative responses.  Attorney Jerry Grzeca will join hundreds of other AILA members in Washington, D.C. in visits to their state Congressional Delegations to explain the practical effects of immigration law and policy from the perspective of employers.

The lobbying effort will not be limited to AILA members, however.  Clients whose businesses are adversely affected by statutory and regulatory immigration requirements are welcome to join in the educational meetings with members of Congress and/or their staffs.

In addition to organizing AILA's annual National Day of Action based in Washington, D.C., AILA is encouraging members and others who cannot travel to the nation's capitol to visit the local offices of their U.S. Representatives and Senators on March 19th to talk with Congressional staff members who handle constituent services related to immigration issues and who draft and assess proposed legislation on this subject.

AILA will provide information on 2009 priority issues, talking points, and other materials to assist AILA members and employers in preparing for the educational effort, which will include addressing specific problems as well as seeking comprehensive immigration reform.  Some of the topics to be addressed are:
Clients who wish to participate in the lobbying effort should contact Jerry Grzeca, who will facilitate their registration for the event. There is no charge for participation, but prior registration is required.

Grzeca Law Group, S.C. is an AV-rated law firm dedicated to providing superior professional service to the international business community by advising corporate clients on all aspects of employment-related immigration law.

Immigration Update has been prepared by Grzeca Law Group, S.C. for informational purposes and does not constitute legal advice.  This information is not intended to create, and receipt of it does not consitute, lawyer-client relationship.  Readers should not act upon this information without seeking advice from professional advisors.