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Nachman & Associates, P.C. Newsletter
Volume 66 April 2009

IN THIS ISSUE:

UPCOMING SPEAKING ENGAGEMENTS AND BUSINESS IMMIGRATION-RELATED EVENTS.

CIS UPDATES: News from the United States Citizenship and Immigration Services.

DHS UPDATES: News from the United States Department of Homeland Security.

DOL UPDATES: News from the United States Department of Labor.

OTHER NEWS: Legislative Updates and More.


 

UPCOMING SPEAKING ENGAGEMENTS AND BUSINESS IMMIGRATION-RELATED EVENTS.

AN INSIDER'S GUIDE TO OUTBOUND IMMIGRATION

Date: April 30, 2009

Time: 9:00 am-4:00 pm

Location: Hilton Gateway Hotel, Newark

The global marketplace has produced a global workforce, and more and more American citizens and foreign nationals currently employed in the United States find themselves taking or being assigned to jobs in areas including Europe, Asia, Canada and Mexico. Since each country has its own set of laws and rules regarding foreign workers, companies seeking doing business abroad often face a daunting array of paperwork and bureaucracy when they go global. At this comprehensive program, you'll hear a review of the immigration and work permit requirements in the most popular corporate destinations. The program is designed to provide practical and useful advice for corporate managers, attorneys, HR professionals or anyone seeking foreign employment.

To Register, click here . . .

2009 MID-YEAR REVIEW OF IMMIGRATION LAW: UPDATES AND CHANGES IN THE LAW

Date: May 7, 2009

Time: 12:00 pm-2:00 pm

Location: Bergen County Bar Association, George W. Newman Law Building, Hackensack, NJ

Topics of Discussion will include a presentation on Updates and changes in Business Immigration Law, presented by Victoria Donoghue, Esq.; Changes to Family-Based Immigration, presented by Mel Solomon, Esq.; Updates on Consular Processing, by Michael Phulwani, Esq.; Criminal Aspects of Immigration Law and Recent Legislation, presented by Ed Schulman, Esq.; and Updates to Removal Proceedings and the Executive Office of Immigration Review, presented by Melinda Basaran, Esq.

Click Here for more info . . .

U.S. IMMIGRATION AND NATIONALITY LAW

Date: May 8, 2009

Time: TBA

Location: Bangkok, Narai Hotel, Bangkok

David Nachman, Esq. and David Sindell, Esq., two prominent U.S. Business Immigration Lawyers will present an overview about immigration to the United States including a discussion about family based cases for immediate relatives, business visas and nonimmigrant visa and processing visas at the Consulate in Bangkok.

For more information, click here . . .

Please click here to register . . .




Dear Readers:

FIRST, please note that there are still H-1B visas available. Unlike the "H-1B season" last year there are still H-1B visas available weeks after the April 1st filing date. If you feel that you may be able to qualify for an H-1B nonimmigrant visa or if your organization thinks that there may be a need for an H-1B nonimmigrant on or about October 1st, we encourage you to contact us at info@visaserve.com.

SECOND, Victoria Donoghue, Esq. in our office has been appointed as the Chairperson of the new "Sustainability Division" of Firm. This Division will focus on Nonimmigrant and Immigrant Visas for Workers in GREEN INDUSTRIES throughout the U.S. In the past Ms. Donoghue has secured green cards and temporary work visas for Scientists and Researchers who have developed renewable energy sources. Additionally, our staff continues to assist environmental engineers and researchers with nonimmigrant and immigrant visas in the U.S.

THIRD, President Obama seems to be one step closer to being able to secure Comprehensive Immigration Reform. Vice President Biden has spoken with Senator Arlen Specter and we are given to understand that Senator Specter may be joining the ranks of the Democratic Party. Senator Specter has been and continues to be a proponent of legal immigration in the U.S. We met with Senator Spector on Capitol a few weeks ago. Stay turned for more on these important political initiatives and how they may impact upon you and your staff.

FOURTH, last Friday, Nachman & Associates, P.C. held its Second Annual Employment Verification Training Program at Fairleigh Dickenson University. The Program was FREE for the attendees. The Program drew HR Managers and Professionals from throughout the Tri-state area. We thank those that participated and especially our Government Panelists who traveled from Washington D.C. We are in the process of organizing an event like this in Atlantic City in June. We will keep our readership posted. If you, or any member of your staff, should have any questions, please feel free to contact us at info@visaserve.com.


  • CIS UPDATES: News from the United States Citizenship and Immigration Services.
  • CIS Updates Count of FY 2010 H-1B Petition Filings:

    U.S. Citizenship and Immigration Services ("CIS") announced an updated number of filings for H-1B petitions for the fiscal year 2010 program on April 27, 2009. CIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

    Click Here for more info . . .

    CIS Updates New I-9 Q&A's:

    CIS issued a reminder that the revised Form I-9, Employment Eligibility Verification, goes into effect April 3rd 2009. Questions and Answers follow the update.

    Click Here for more info . . .

    Applicability Date for E-Verify Federal Contractor Rule Extended:

    The applicability date of the final rule requiring federal contractors and subcontractors to begin using the CIS' E-Verify system has been pushed back by six weeks to June 30, 2009.

    Click Here for more info . . .

    CIS Q&As on Extension of Post-Completion Practical Training and F-1 Status Under Cap Gap Regulations:

    CIS Q&As on post-completion practical training and F-1 status under cap gap regulations address the automatic extension of F-1 student status in the U.S. for certain students with pending or approved H-1B petitions. Immigration and Customs Enforcement ("ICE") also recently released a fact sheet and checklist for employers meant to serve as general guidance on the OPT application process.

    Click Here for the CIS Q&A's. . .

    Click Here for the ICE Checklist . . .

    CIS Releases a Checklists to Aid in the Completion of Petitions for Religious Workers:

    CIS recently posted a Checklist for Religious Workers for Form I-129 and a Checklist for Ministers and Religious Workers for Form I-360 to its website, to aid in the completion of petitions.

    Click Here to view the Checklist for Form I-129 . . .

    Click Here to view the Checklist for Form I-360 . . .

    Advance Copy of the I-90 Notice, and Q&A for revised I-90 filing instructions:

    CIS is changing the filing location for the Form I-90, Application to Replace Permanent Resident Card. Upon the effective date of this notice, you must mail all paper versions of the Form I-90, including any initial evidence or supporting documentation, to the designated Lockbox Facility located in Phoenix, Arizona, instead of to the Lockbox facility in Los Angeles, California or to any CIS Service Center. On April 27, 2009, CIS posted Q&A's about this.

    Click Here to read the Q&A's . . .

    Update on Processing N-400s for Military Applicants:

    This April 1st 2009 Memorandum from Donald Neufeld, Acting Associate Director, CIS, provides guidance on the processing of N-400 applications filed by applicants in the military who fail to appear for their naturalization interview or fail to respond to a request for evidence. The memo revises Chapters 15 and 72 of the Adjudicator's Field Manual.

    Click Here for more info . . .

  • DHS UPDATES: News from the United States Department of Homeland Security.
  • U.S. Embassy and All U.S. Consulates in Mexico Have Suspended Non-Essential Services Until May 6th:

    As a precautionary measure in connection with the outbreak of H1N1 "swine" influenza, the U.S. Embassy in Mexico City and all U.S. Consulates throughout the country have suspended all non-essential services to the public until May 6. Consular services for U.S. citizens will be limited to emergency assistance and to citizenship applications.

    Click Here for more info . . .

    DHS Announces Air Travel Partnership with The Netherlands:

    On April 23rd 2009 DHS announced the launch of a new initiative with The Netherlands to open membership in expedited air travel programs to citizens of both countries to try and streamline entry processes for pre-screened fliers. CBP also announced that pursuant to an arrangement between the U.S. and the Netherlands, CBP is expanding eligibility for participation in the Global Entry pilot program to include citizens of the Netherlands who participate in Privium, a Dutch expedited travel program.

    Click Here for more info . . .

  • DOL UPDATES: News from the United States Department of Labor.
  • DOL Launches iCERT Portal:

    DOL announced that the new iCERT electronic portal was placed into production on April 15, 2009.

    Click Here to visit the iCERT Portal . . .

    BALCA Finds Prevailing Wage Determination Expiration Date is Imprecise:

    BALCA upholds denial of PERM application, finds that Employer's response of "N/A" to 9089 Section F-8 regarding the expiration date of the validity period of the Prevailing Wage Determination ("PWD") is nonsensical. Also finds, that Employer's provision of the year 2004 in response to the request for review was too imprecise. Matter of Choe, 2008-PER-00145 (1/5/09).

    No Equitable Relief for Employer who Failed to Recruit or File Application within PWD Validity Period:

    BALCA affirms denial of PERM application as the employer did not conform with the regulatory requirement to conduct the recruitment or file the application within the validity period of the SWA prevailing wage determination. BALCA did not find that equitable relief was warranted. Matter of Redheads Bistro and Bar, 2008-PER-00216 (1/5/09).

    BALCA Finds Employer's Placement of Job Order after Denial Does Not Cure Application Defect:

    BALCA affirms CO's denial of the PERM application, finding that the employer's placement of a job order after receiving the denial determination could be used to support a new application, but it did not cure the defect with the application as submitted. Matter of JJR Mexican Grill, Inc., 2008-PER-00132 (1/5/09).

  • OTHER NEWS: Legislative Updates and More.
  • The New York Times reports that President Obama plans to address CIR this year:

    "Mr. Obama plans to speak publicly about the issue in May, administration officials said, and over the summer he will convene working groups, including lawmakers from both parties and a range of immigration groups, to begin discussing possible legislation for as early as this fall."

    Click Here to read more . . .

    Federal Reserve And CIS Publish EAWA FAQs:

    The Board of Governors of the Federal Reserve System And CIS Published FAQs providing guidance on how the Employ American Workers Act ("EAWA") applies to recipients of funding under section 13 of the Federal Reserve Act.

    Click Here for more info . . .

    Link provided courtesy of ILW.com

    In Celebration of Immigrants:

    The Cleveland Plain Dealer reports "When it celebrates the spirit of invention next month, Akron's National Inventors Hall of Fame will quietly acknowledge a little-known facet of American innovation: Seven of the 16 people being honored as great American inventors are immigrants."

    Click Here to Read More . . .

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