Join Immigration Solutions on Friday March 6, 2009 for an international telcon, for employers and employees, where they will address:

● How the economy is affecting both the employer and the employee in layoffs, reduction in hours, “benching”, etc.

● Preparing for the April 1st filing deadline

* Timing issues (credential evaluations, LCA’s, students who are hoping for H-1Bs but are unemployed)

* H-1Bs for students (OPT and STEM)

● Open Q & A

Details:

When: Friday, March 6, 2009
Time: 11 a.m. PST | 2 p.m. EST
RSVP: info@immigrationsolution.net
We will reserve your place and provide you with dial in information and your personal access code.

Immigration Solutions continues to be at the cutting edge of developments in business immigration. We are dedicated to providing our clients with the solutions required today to circumvent the complexities of immigration law. We understand the challenges that you deal with on a daily basis and design practical and strategic business models to answer your needs. This focused approach produces win-win results for everyone! We look forward to hearing from you.

Please Call us at: 1.562.612.3996, or email us at info@immigrationsolution.net

With Mississippi being the site of the nation’s largest workplace raid on undocumented workers, lawmakers are trying to crack down on illegal immigrants who obtain false identification for employment.

A bill passed in the Senate and now headed to the House would enhance the penalties for illegal immigrants who create or use false ID.

For more information on the bill that targets immigrants with fake IDs:
Read this story from The Natchez Democrat

Because passing the NCLEX is usually the final step in the nurse licensure process, the number of people passing the NCLEX (“pass rate”) is a good indicator of how many new nurses are entering the profession in the U.S.

These tables provide the most recent data on the NCLEX testing volume and the associated pass rates. In addition, NCSBN has listed the top five countries where nurses were educated outside the U.S. and who are taking the NCLEX examination in hopes of obtaining nursing employment in the U.S.

For more detailed NCLEX Examination statistics, including historical pass rates, see Exam Psychometrics under the NCLEX Examinations section of NCSBN’s website, www.ncsbn.org.

For general information about the NCLEX:
Visit the NCLEX Examinations section of NCSBN’s website.

PR: wait… I: wait… L: wait… LD: wait… I: wait… wait… C: wait… SD: wait…

In a national survey released Jan. 15 by Kaiser Family Foundation and the Harvard School of Public Health, 43% of respondents said they view reforming healthcare as a top concern, ranking it third behind improving the economy at 73% and fighting terrorism at 48%. Nurse Leaders in Florida were asked how they would advise the new president to improve the U.S. healthcare system.

For more information on the subject:
Read this article from Nurse.com

PR: wait… I: wait… L: wait… LD: wait… I: wait… wait… C: wait… SD: wait…

By:  Thomas J. Joy, Esq.

Preparation of Cases

Starting April 1, 2009, the USCIS will accept filings of H-1B cap cases for employment in fiscal year 2010 starting October 1, 2009.  As in the past two years, it is expected that there will be more applications than there are H-1B visas available with the possibility of a random lottery to determine the recipients of the available H-1B visas.  As a result, it is critical that employers start preparing their H-1B cap cases now with the goal of delivery of the applications to USCIS on April 1, 2009.

Various steps in the preparation process, unless started now, may not be completed in time to file on April 1, 2009.  Diplomas and transcripts may need to be obtained from colleges and universities.  Experience verification letters may need to be obtained from previous employers.  English translations may need to be completed.  Foreign credential equivalency evaluations may need to be obtained.  Finally, the Department of Labor has announced that the processing of the required labor condition application (LCA) will take longer due to increased scrutiny.  As the April 1, 2009 filing date approaches, colleges and universities, translation companies and foreign credential evaluation companies become very busy and often can not guarantee that they can provide the requested service and documentation in time for an April 1, 2009 filing.

H-1B Cap Gap Cases

Regulations now provide that the lawful status of an F-1 student who is the beneficiary of an H-1B petition and request for change of status will be automatically extended along with OPT employment authorization to October 1.  This will allow an F-1 student with OPT expiring before October 1 to stay in the United States and work through October 1 when the H-1B status will take effect.

17 Month OPT Extension for STEM Graduates

Regulations now provide that graduates with Science, Technology, Engineering and Mathematics (STEM) degrees employed by employers enrolled in the E-Verify program, can obtain a 17 month extension of OPT beyond the 12 months already available.  This can be critical to keep recent graduates in the United States and working if they are not successful in obtaining one of the limited number of H-1B visas on their first attempt.  Note: The application for the 17 month extension must be filed prior to the expiration of the initial 12 month OPT period.  A timely filing results in an automatic extension of OPT up to 180 days while waiting for a decision on the 17 month extension application.

Conclusion …

As you can see, proper advance planning and preparation of H-1B cap cases can increase the chances of successfully obtaining one of the limited number of H-1B visas available under the quota.  In addition, proper use of the H-1B cap gap regulation and the 17 month OPT extension regulation for STEM graduates can maximize the time that recent graduates can stay and work in the United States while awaiting an H-1B.

Immigration Solutions is already working on H-1B casework.

If Immigration Solutions is not handling your H-1B case, our attorneys are available to consult with you as well as to offer a 2nd opinion.

USCIS just released its Press Release on the new I-9 form that we link to below.  Note that employers are required to continue to use the 2007 I-9 form until February 2nd – and should start using the new form as of February 2.

1. Certificate of U.S. Citizenship (Form N-560 or N-561)
2. Certificate of Naturalization (Form N-550 or N-570)
3. Alien Registration Receipt Card (I-151)
4. Unexpired Reentry Permit (Form I-327)
5. Unexpired Refugee Travel Document (Form I-571)

• Unexpired Employment Authorization Document (I-766)

• I-688
• I-688A
• I-688B
• I-766

For more information on Employment Eligibility Verification & to download the I-9 forms:
Read this press release from the USCIS

This would be a good time for all employers to assess the condition of their I-9 forms and conduct a “pre-audit” review and start the year fresh. Please review our Employer Compliance services and solutions.

January 15, 2009 – We are very pleased to announce that Immigration Solutions will be co-moderating the 1/21/2009 “Retrogression in 2009” Worldwide Live Web Chat with NurseTogether.com for Employers, Foreign Nurses and Staffing Professionals.

Immigration Solutions Healthcare Supervising Attorney, Thomas Joy, will be available to answer your questions and address your concerns online. Please follow the registration instructions provided below by NurseTogether.com and submit the questions that you’d like answered by 1/19/09 to jennys@nursetogether.com

Details:
When: January 21, 2009
Time:  9am – 11am EST
Where: Register at www.NurseTogether.com
Topic: “Retrogression in 2009”

Is lifting of retrogression on the horizon for 2009?

We know all of you are as anxious about this as we are.  We are more hopeful than in recent past years that lifting of retrogression will occur during 2009, for the following reasons:

• In recent years very positive bi-partisan legislation has been proposed in Congress.  Unfortunately, we have been saddled with an enforcement oriented environment, totally absorbed with the presidential election that distracted the issue, coupled with the economic downturn.  We anticipate similar legislation to be re-introduced in the new Congress with less interference from outside factors this time around
• Because healthcare, like national security, is a critical issue.  Without adequate, qualified healthcare workers the entire system is adversely affected; and
• Historically, Congress has addressed the shortage of healthcare workers periodically in the past

So, please participate in the upcoming web-chat where we will focus on Retrogression and address, amongst other issues,

• When will retrogression lift?
• When it does lift, how much longer will it takes to get the nurses to the USA?
• If you’re an employer, you’re probably wondering, how can I deal with retrogression now?

…Looking forward to meeting up with you.

Leslie Davis, Managing Director
IMMIGRATION SOLUTIONS
www.immigrationsolution.net

PR: wait… I: wait… L: wait… LD: wait… I: wait… wait… C: wait… SD: wait…

The 111th session of Congress introduced S.9 “Stronger Economy, Stronger Borders Act of 2009.” Sen. Leahy, chairman of the Judiciary committee said, on the Senate floor when introducing the legislation, that he understands the critical necessity of meaningful immigration reform and is hopeful the new Congress can finally enact immigration reform legislation.

To read the entire statement read on the Senate floor:
Read this article from ILW.com

The Stronger Economy, Stronger Borders Act of 2009 is a bill to strengthen the United States economy and provide more effective border and employment enforcement.

To read details about the bill:
Read this release from OpenCongress & read the bill here

Advocates for immigration reform will be rallying the day after Inauguration Day by planning a large march in San Jose.

Organizers for the march said they want the new president to listen to the voices of people who beg for fair and humane immigration laws.

“The purpose of the march is first to remind President Obama that one key reason he got elected was because of the Latino immigrant vote,” said Cesar Juarez, a march organizer.

Demonstrators will be demanding a moratorium on raids by Immigration and Customs Enforcement officials and other changes.

The march is scheduled to start in East San Jose and end at City Hall.

To see more about how the immigration reform advocates will get Obama’s attention:
Listen to this report from KCBS.com

IFCO Systems North America, the largest pallet management services company in the U.S., headquartered in Houston, Texas, has agreed to pay $20.7 million in civil forfeitures and penalties over four years after employing undocumented workers at its plants.

The U.S. Immigration and Customs Enforcement (ICE) conducted the large worksite enforcement operation that led to the discovery. The settlement amount includes $2.6 million in back pay and penalties relating to IFCO’s overtime violations with respect to 1,700 of its pallet workers. IFCO is also paying $18.1 million in civil forfeitures that will be available to support future law enforcement activities.

For more information on the largest settlement ever in a worksite enforcement case:
Read this press release from ICE