A Monthly Bulletin from Immigration Compliance Group -- February 2009
It’s been very busy here in the USA the last few months. We’ve ushered in the biggest transformation in its standing in the world since the election of John Fitzgerald Kennedy in November 1960. In a world sagging into an economic lull, and countries figuring out how to manage their losses and gains, the United States took a large step Nov. 4th in trying to change that …. the people elected Barack Obama as their next president of the United States of America.
As the BBC put it, “the outside world is set to be delighted by Barack Obama's victory, and its view of America will change accordingly.” Read more information on the story here.
Our website is worldwide and growing all the time – with a readership numbering in the thousands from all business sectors interested in our news and services who read our material, visit our Blog and website daily, and listen to our monthly Podcasts here.
Hospitality EB-5 Investment Opportunity in USA
We’d like to announce an exciting opportunity to invest $500,000US in a new 80-unit hotel and restaurant project near the Bradley International Airport in CT and become a lawful permanent resident (“Green-Card” holder) of the USA in the process!
The EB-5 employment-based immigration category is for immigrants seeking to invest substantial sums in new businesses in the U.S. It will give each investor the security of permanent US residence without repeated visa applications, and may provide an avenue toward citizenship after five years. With a “green-card” through an EB5 investment visa, you will have the flexibility to take any job (or keep your existing job if currently holding a work-authorized nonimmigrant visa), run any business, retire and live anywhere in the USA. Avoid quota backlogs in other immigrant visa categories by seeking permanent residence through this historically underutilized visa category. You will have access to the same benefits enjoyed by US citizens!
The uniqueness of the property for this project is evident, as it is where the majority of businesses are located in the area and it’s exploding with new businesses even in these economic times, with approximately 15 million sq ft of industrial and office space within a 1/4 mile of the site. Within 200 yards of the property, Walgreen’s has constructed a 750,000 sq ft distribution center set to open shortly. This property will enjoy both the airport business and the surrounding commercial business. This investment opportunity has a considerable potential for growth and, due to the large size of the lot, could possibly handle even double the number of existing hotel rooms.
Additionally, there will be a 3600 sq ft freestanding chain restaurant that will be open 7 days a week for breakfast, lunch and dinner as well as late night entertainment.
Tim Martin
American Hospitality Investments
www.americanhospitalityinvestments.com
Immigration Compliance Group is available for inquiry and legal consultation pertaining to the EB-5 Investor Visa opportunity.
In This Issue
Article One - Activists Keep Heat on Obama over Immigration
Article Two - Senators Lay Out 2009 Priorities at Progressive Summit
Article Ten - In Focus for Recruiters: "Recruiting to the Urban Core"
Activists Keep Heat on Obama over Immigration
As Obama settles into the White House, he faces renewed pressure from pro-immigration activists to keep a pledge to support immigration reform, or at the least, roll back some of the get-tough immigration policies of his predecessor George W. Bush.
"If immigration reform's not possible soon, then at least stop the immigration raids as it is something that is very important to the (Hispanic) community," said Antonio Bernabe, an organizer with the Coalition for Humane Immigrant Rights of Los Angeles who joined the rally in Washington a week ago.
For more information on activists keeping heat on Obama over immigration:
Read this story from Reuters.com
2. Senators Lay Out 2009 Priorities at Progressive Media Summit
Last week at the 2009 Senate Democratic Progressive Media Summit Democratic Senators laid out priorities for 2009. Senator Majority Leader Harry Reid spoke with great force about the need to enact immigration reform and his intention to do so in the coming year.
While he prefaced his comments by stating that immigration is the issue that garners the most “threats” against him, he said comprehensive immigration reform is important to our country. While he said it must include protecting our borders, a guest worker program, and employer sanctions; he also said we must bring the “10 million out of the shadows” and described a program that would put them in a line for citizenship where they would pay penalties and fines and get right with the law.
For more information about the Progressive Media Summit:
Read this article from Immigration Impact
3. Judiciary Reshuffle Raises Reform Questions
As the newly elected US Congress convened the first week in January, the decision by Senator Edward Kennedy to step down from the Senate Judiciary Committee and the panel’s immigration subcommittee, which he chaired, not only creates a vacancy but is also generating uncertainty among advocates for reform.
For more information on the reshuffle:
Read this article from Irish Echo
4. Bush Commutes 2 Border Agents' Sentences
On January 19, 2009 – the eve of leaving office, Bush commuted the sentences of two former Border Patrol agents imprisoned for shooting a Mexican drug smuggler, but he was preparing to leave office without granting clemency to any better-known figures or government official who could face liability over administration policies.
Their case became part of the debate over illegal immigration and attempts to rewrite US immigration law. They were convicted of assaulting an unarmed Mexican national who was shot in the buttocks in 2005 as he attempted to flee back to Mexico after being stopped inside the US border with a van loaded with marijuana, according to the US attorney’s office.
The former agents, Jose Compean and Ignacio Ramos, will be freed from federal prison in less than 2 months as a result of Bush’s commutation, cutting short the prison terms that were due to run at least 8 more years.
For more information on this controversial and highly reported case:
Read this article from the NY Times
5. Are You Ready for the H-1B Season: Plan Ahead & Prepare Now to File H-1B Cap Cases on April 1, 2009
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 Compliance Group is already working on H-1B casework.
If Immigration Compliance Group is not handling your H-1B case, our attorneys are available to consult with you as well as to offer a 2nd opinion.
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6. Employer Compliance News
E-Verify …
It’s in the Stimulus Package!
The House of Representatives on January 28, 2009 voted to approve an $825 billion economic stimulus package. Included in the bill is a provision that requires any entity receiving stimulus funds to enroll and participate in the E-Verify online employment eligibility verification program. The program, that is set to expire in March, has been reauthorized for an additional 5 years. The House bill would require DHS to provide funding to the Social Security Administration to cover E-Verify operating expenses. The US Senate is now considering its own stimulus proposal. Attempts to add similar E-Verify provisions to the bill haven’t been successful. When the Senate passes their bill, both the House and Senate conferees will meet to reconcile the 2 proposals and hammer out a final version of stimulus legislation….hang on for the ride!
...It’s been Postponed for Federal Contractors
DHS announced that federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services' E-Verify system starting May 21, 2009, to verify their employees' eligibility to legally work in the US.
Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system starting May 21, 2009, to verify their employees’ eligibility to legally work in the United States. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (FAR) to reflect this change.
Read more on this story here...
Factory Manager Sentenced In Immigration Case
A manager at a New Bedford leather-goods factory raided in 2007 by immigration agents has been sentenced to two years probation for her role in helping the company hire and conceal illegal immigrants. Read more information on this story here...
Do You Need A Compliance Strategy?
Practical Compliance Strategies for HR Professionals: Schedule your Interactive Audio Conference Training with Immigration Compliance Group
It can be difficult for employers to keep up with the ever-changing world of employment laws, regulations and court cases. Even if you have a fully staffed HR department, many points can go overlooked, such as conducting regular self-audits, which end up being bumped for more pressing needs.
If you keep putting off a self-audit (such as with your I-9 forms), you could most certainly find yourself in the middle of a complex investigation or lawsuit some day that will take center stage very quickly, that could have all been avoided with some basic preventive maintenance.
One of the most cost-effective and convenient ways to make sure your I-9’s are in order is to schedule an audio conference. You can participate right from your office and take on no travel costs at all. You can even have as many co-workers as you chose participate in the event. The conference is live, and you can ask questions by phone or email – and get an immediate response.
Contact Us: Don’t let the walls collapse around you! You never know when that certain phone call or letter will show up informing your organization you are in violation of employer compliance practices. Get prepared and properly trained – contact Immigration Compliance Group today @ info@immigrationcompliancegroup.com
Please review our services and solutions and call or email us to schedule a consultation.
7. Healthcare News
CGFNS Latest News Alert: Visa Screen Renewal
VisaScreen® certificate holders who have not
changed their status or obtained a permanent
U.S. visa are required to renew their certificates
within five years of the date it was issued. Applicants
should begin the process six months prior to the
expiration of their VisaScreen® certificate. The cost for
renewal is $250 USD. The application for VisaScreen®
renewal has been updated and is available for
download at www.cgfns.org/files/pdf/apps/visascreen
reapp.pdf. Applicants may also apply online through
CGFNS Connect.
Read More CGFNS News Here...
Top Hospitals Recognized as Best Places to Work
The 13 hospitals and health care systems named to this year's list show that an extraordinary dedication to both patients and employees help make an organization great, and a place that nurses don't want to leave.
Fortune Magazine's 2009 "100 Best Companies to Work For" list included the following 13 hospitals and health care systems (with headquarters location):
8 -- The Methodist Hospital System (Texas)
19 – Ohio Health (Ohio)
45 -- King’s Daughters Medical Center (Kentucky)
59 -- Scripps Health (California)
62 -- Griffin Hospital (Connecticut)
63 -- The Mayo Clinic (Minnesota)
67 -- Children’s Healthcare of Atlanta (Georgia)
68 -- Southern Ohio Medical Center (Ohio)
75 -- Atlantic Health (New Jersey)
76 -- Lehigh Valley Hospital and Health Network (Pennsylvania)
77 -- Northwest Community Hospital (Illinois)
79 -- Baptist Health South Florida (Florida)
85 -- Arkansas Children’s Hospital (Arkansas)
The full list and related stories can be found online at Fortune.com
9. News Bytes
EB-5 Investor Visas
Ilw.com recently posted comments and Q&A from their teleconference, “Opportunities and Challenges”
Homeland Security Gets the Reality TV Treatment!
DHS may bring to mind bright interrogation lights rather than the lights of Hollywood…
Summer Surge A Year Later: Employment Authorization Document (EAD) Processing Delays
Pursuant to 8 CFR § 274a.13, USCIS must adjudicate EAD applications within 90 days from the date of USCIS receipt of the application. What steps can you take for inquiries?
Department of State Introduces new Nonimmigrant Visa Application, Form DS-160
Embassies now using the form: 9 Diplomatic posts are now using the form that is submitted electronically: Ciudad Juarez, MX; Dublin, Hong Kong, Matamoros, MX; Monterrey, MX; Montreal, Nuevo Laredo, MX; Tripoli, Libya; Vancouver
10. In Focus for Recruiters – “Recruiting to the Urban Core”
Data and anecdotal evidence show a surge in the attractiveness of near-downtown locations for today’s highly recruited younger workers. Some companies have decided to shift their operations to downtown areas to take advantage of the trend.
As younger workers increasingly vote with their feet by migrating to the central cores of U.S. cities, some companies and HR professionals appear to be following them.
For more on behaving like a leader:
Read this article from Workforce.com
Immigration Compliance Group 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. Contact us at info@immigrationcompliancegroup.com
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