News from Nachman & Associates, P.C.


Nachman & Associates, P.C. Newsletter
Volume 65	March 31, 2009

IN THIS ISSUE:

UPCOMING SPEAKING ENGAGEMENTS AND BUSINESS IMMIGRATION-RELATED EVENTS.

UPDATES FROM CAPITOL HILL.

EMPLOYMENT VERIFICATION UPDATES.

CUSTOMS AND BORDER PROTECTION AND DEPARTMENT OF HOMELAND SECURITY TRAVEL UPDATES.

DHS PROGRAM UPDATES.

NOTABLE LEGISLATIVE AND JUDICIAL UPDATES.

WHAT'S NEW ON CAPITOL HILL?

UPCOMING SPEAKING ENGAGEMENTS AND BUSINESS IMMIGRATION-RELATED EVENTS.

"HOW TO HIRE AND RETAIN FOREIGN NATIONAL STUDENTS AND SKILLED WORKERS"

FDU Job Fair - Rothman Center - Hackensack/Teaneck Campus.

April 1, 2009

David Nachman, Esq. will have a table at the Job Fair and he will be explaining to U.S. employers how to "HIRE AND RETAIN FOREIGN NATIONAL STUDENTS AND SKILLED WORKERS".

Registration required with FDU.

FAIRLEIGH DICKINSON UNIVERSITY PARALEGAL STUDIES PROGRAM

FDU Paralegal Studies Program - Immigration and Nationality Law for Paralegals - David Nachman, Esq., an Adjunct Professor at FDU will be teaching this course (from April 7th through April 17th) at the Madison, New Jersey Campus of Fairleigh Dickinson University.

Registration required with FDU - Please feel free to contact our office for details.

IMMIGRANT VISA OPTIONS FOR POSTDOCS

New Jersey Institute of Technology - Newark, NJ

April 16th, 2009 - 3:00 pm to 4:30 pm

David Nachman and Victoria Donoghue will be making a presentation about Visa options for Posdocs and Researchers about J-1Visa Waivers and Lawful Permanent Residence Options for Postdocs and Researchers.

FREE NATIONAL WEBINAR - "Naturalization: Old Processes and New Developments"

April 17, 2009

Victoria Donoghue will be presenting a FREE National WEBINAR about the Naturalization process. Victoria presently teaches a class in Naturalization and Citizenship at the CUNY School of Professional Studies in New York and she will be sharing her insights with WEBINAR attendees.

Please contact our office to sign-up for this event.

FREE FORM I-9, E-VERIFY, IMAGE AND DISCRIMINATION WORKSHOP.

Hackensack/Teaneck Campus of FDU

April 24th, 2009

David Nachman, Esq. and Victoria Donoghue, Esq. (along with numerous representatives of the Federal Government) will speak about the missions of the OSC, CIS, SSA, E-Verify, and IMAGE. Lunch will be served at this important Human Resources Event. Human Resources Continuing Education Credits to be made available.

To register for FREE please e-mail us at info@visaserve.com.

FREE IMMIGRATION CLINIC IN SPANISH/ENGLISH

Unity Christian Reformed Church - Prospect Park, New Jersey

April 25th, 2009

David Nachman, Esq. and Victoria Donoghue, Esq. will speak about recent immigration law developments and employment verification for employees including how to make claims for employment discrimination. This program will be presented in Spanish and English.

To register for this event, please contact us at info@visaserve.com.

FORM I-9, E-VERIFY, IMAGE AND NATIONALITY DISCRIMINATION TRAINING.

Southern Shore Human Resources Management Association Meeting - Greate Bay Country Club, Somers Point, NJ - April 15th 2009 - 5:30 pm

For information please e-mail us at info@visaserve.com.

AN INSIDERS GUIDE TO OUTBOUND IMMIGRATION LAW

- New Jersey ICLE - Newark, NJ

9:00 am to 4:00 pm

Speakers from Nachman & Associates, P.C. that handle outbound immigration law issues, along with the Consul of Japan and speakers Brunel Multec, Canada (international staffing), KPMG (international tax) and Crown Relocations (international relocation) will present information related to Global Immigration, International Tax, Hiring Internationally, and Global Relocation.

For information please e-mail us at info@visaserve.com.

U.S. IMMIGRATION AND NATIONALITY LAW

Narai Hotel, Bangkok, Thailand

Friday, May 8th, 2009

David Nachman, Esq. and David Sindell, Esq., two prominent U.S. Business Immigration Lawyers, will present an overview about immigration to the U.S. including a discussion about family-based cases for immediate relatives, business visas, nonimmigrant visas and processing visas at the Consulate in Bangkok. For more information, e-mail our office at info@visaserve.com.

Quick Links...

	Dear Readers: We continue to be adrift in a sea of immigration turmoil. After our meetings on Capitol Hill last week we heard vague words that signaled "doom and gloom" until, at least, the third or fourth quarters. Miraculously, we now hear that select members of Congress are drafting a new Immigration Reform Bill. Of course, Immigration Law Reform could not come too soon. In difficult financial times, immigrants tend to be blamed for the Nations' economic woes. Clearly, the present mess was caused by "Wall Street Magicians" but the "trickle-down" impacts immigrant communities. Citizenship and Nationality Discrimination claims continue to rise and will do so in the wake of the implementation of the new Form I-9. Unless there is a last-minute change by the Obama Administration, employers will be required to use a revised version of the I-9 Form effective on April 3, 2009. Click here to review and print a copy of the REVISED FORM I-9. It is likely that organizations will file fewer H-1B visa applications for Fiscal Year (FY) 2010 as a result of the economic recession. However, there will still be demand for the talent and innovation that drives our Nation's economy. It is unknown how may H-1B professional and specialty occupation visa petitions will filed tomorrow (when the CIS begins accepting petitions for FY 2010). It seems almost certain that all 85,000 visas will be utilized before the fiscal year begins on October 1st, 2009. Perhaps we need to take a step back. President Obama has called for the creation of five million new jobs over the next 10 years. To rise to this challenge and drive America's bold new initiatives in energy, health care and education, the U.S. economy needs continued access to talent that creates businesses, jobs and new innovations. The U.S. does not have a monopoly on brainpower. The U.S. continues to educate the world's top scientists and engineers. Should we not put them to work in the U.S. rather then to forcing them to be "outsourced" to other countries which are seeking to develop and secure economic stability and infrastructure? What part of the phrase "global competitiveness" does our Government not seem to understand?

UPDATES FROM CAPITOL HILL.
	Some Notes from Our Attendance At a Meeting With the Citizenship and Immigration Service (CIS"): Federal Contractor rules for E-Verify for June are on-track. The implementation date for the New I-9 Form is targeted for April 3rd. Notices To Appear (NTAs) not being issued for denied I-140s at the Texas Service Center. This is a reversal of a previously promulgated policy. CIS is in the process of preparing rules regarding (1) Successor-in-interest cases for the I-140 process; and (2) Dealing with the I-751 in the context of a divorce. A new Green Card will be issued soon by the CIS with new security features. CIS says that the card will actually be green. Also, a new EAD will be issued shortly. Meeting With Representatives of the U.S. Department of Labor ("DOL"): The new iCert program is scheduled to be implemented on April 15th. iCert means that there will no longer be immediate 9035s. iCert was created by DOL in an effort to combat fraudulent cases. DOL invites input from employers about iCert. DOL addressed the backlog of PERM filings. DOL reports that new staffing at DOL slowed the processing of the cases, but things should move faster now. DOL reminds the public that "supervised recruitment" in the PERM process is an option.
	For more information on any of these issues, please feel free to contact our offices . . .

EMPLOYMENT VERIFICATION UPDATES.
	CIS Announces Passport Data Incorporated Into E-Verify. On March 4th, 2009, CIS announced that it incorporated Department of State passport data into the E-Verify program in February 2009. This was done with the hope that there would be a reduction in the number of Tentative Non-Confirmation ("TNC") results generated by user queries. Click Here for More Info . . . CIS Updates Form M-274, Employer Handbook. CIS has issued an updated version of the M-274, Employer Handbook which will accompany the new I-9 Form. The new I-9 Form and new Handbook are both to be used after April 3, 2009. Click Here to view the New Handbook . . . The District Court Overturns the Illinois E-Verify Statute. The District Court recently ruled that the Illinois Act, prohibiting employers from participating in E-Verify until SSA and DHS databases are able to make a determination on 99% of the tentative non-confirmation notices issued to employers within 3 days, is invalid under the Supremacy Clause. United States of America v. State of Illinois ( C. D. IL, 3/12/09).

CUSTOMS AND BORDER PROTECTION AND DEPARTMENT OF HOMELAND SECURITY TRAVEL UPDATES.
	The Next Phase of Western Hemisphere Travel Initiative ("WHITI") Implementation is Scheduled to Begin on June 1st, 2009. A recent CBP news release reminds travelers that the next phase of the Western Hemisphere Travel Initiative will go into effect at land and sea ports of entry on June 1, 2009, requiring travelers to present an approved travel document to enter the U.S. Click Here for more Info . . . DHS FAQs About the Electronic System for Travel Authorization ("ESTA"). DHS issues FAQs about ESTA, implemented in January 2009, which affects travelers from Visa Waiver Program countries. Click Here to read the FAQ's . . . ESTA Information Sheet in Ten Languages. The ESTA Information Sheet is now available in 10 foreign languages. Click Here for more Info . . .

DHS PROGRAM UPDATES.
	CIS Q&As on H-1B Filings for Employers who Receive TARP Funding. On March 20th, 2009 the CIS released Q&As on additional requirements for employers who receive funds through TARP, 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. Click Here for more Info . . . The Vermont Service Center ("VSC") Limits L-1 Qualifying Employment Overseas. The VSC Liaison Committee of the American Immigration Lawyer's Association ("AILA") recently advised immigration practitioners that the VSC is limiting the L-1 qualifying employment overseas to the three years prior to filing, rather than prior to admission. Aytes Memo Responds To CIS Ombudsman's Suggestions On Schedule A Visa Processing. CIS Acting Deputy Director Michael Aytes issued a memorandum responding to CIS Ombudsman's recommendations on improving the processing of Nurse Cases. Click Here to read the memo . . . CIS Office of Fraud Detection and National Security Brochure. The CIS Office of Fraud Detection and National Security ("FDNS") recently released a brochure, which provides an overview of its mission and goals in detecting immigration benefit fraud. Click Here to view the Brochure . . . ICE Cap Gap Fact Sheet for Employers. ICE recently released a FACT SHEET providing information for employers on the cap gap extension of optional practical training for foreign students. Click Here to view the Info from ICE . . . CIS to Open Application Support Center in Saipan. On February 25th, 2009, CIS announced that it will open an Application Support Center in Saipan, which is part of the Commonwealth of Northern Mariana Islands. Click Here for more Info . . .

NOTABLE LEGISLATIVE AND JUDICIAL UPDATES.
	A Washington State District Court Recently Ruled That Religious Workers Can File I-360 & I-485 Concurrently. A Washington District Court granted plaintiffs' motion for summary judgment, finding that the defendants may not reject or refuse to accept the plaintiffs' applications for adjustment based on the regulation barring religious workers from concurrent filing. Click Here to read more . . . GAO Report on DHS' Efforts to Improve FOIA Program. A recent GAO study on the measures that DHS has taken to enhance its FOIA program reports that DHS has reduced its FOIA backlog by about 24 percent since implementing a program to try and eliminate overdue requests. However, the study also found that opportunities exist for DHS to improve efficiency and cost-effectiveness of FOIA processing. Click Here to read the report . . . An Administrative Law Judge ("ALJ") Finds H-1B Employer Liable for Back Wages and Retaliatory Discharge. An ALJ recently found that an H-1B employer retaliated against the employee by terminating him after he complained to the DOL. The Court also finds that the employee was entitled to recover his annual salary and benefits for forbidden benching that violated 20 C.F.R.� 655.731(c)(7)(i) and the LCA attestation. Huang v. Ultimo Software Solutions, Inc., 2008-LCA-00011 (12/17/08).

WHAT'S NEW ON CAPITOL HILL?
	The DREAM Act in Congress . . . More then a dream? The introduction on March 26th, 2009 of the Development, Relief and Education for Alien Minors Act, commonly known as the DREAM Act, which allows high achieving immigrant students to receive the chance for higher education or military service, and the opportunity to contribute to America in a strikingly productive way, is a welcome sight. Click Here to learn more about the DREAM Act . . . Obama: "We Have to Have Comprehensive Immigration Reform". President Obama was quoted in the San Francisco Chronicle where he explained his views about Comprehensive Immigration Reform. Click Here to read the article . . . Obama Signs a Bill Extending Two Immigration-Related Programs. On March 20th, 2009, President Obama signed H.R. 1127, a measure to would extend the religious worker and Conrad 30 Programs through September 30, 2009. Click Here to learn more about this bill . . .

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