A Monthly Bulletin from Immigration Compliance Group -- January 2009
We’re excited about 2009 here at Immigration Compliance Group and are proud to continue to present up-to-the-minute news and information in a fluid and timely manner that impacts your daily decision making as it pertains to business immigration.
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 - EB-5: A Creative Solution to Green Card Quota Backlogs
Article Two - Immigration Remains Top-Tier Issue for 2009
Article Four - Settlement Opens up Amnesty for Thousands of Immigrants
Article Eight - USCIS Revises Employment Eligibility Verification Form
Article Ten - In Focus for Executives: "Behaving Like a Leader"
The EB-5: A Creative Solution to Green Card Quota Backlogs
By Brandon Meyer
Associate and Contributing Writer
The system for allocating employment-based immigrant visas (“IV”) is broken. The January 2009 Visa Bulletin issued by the Department of State (“DOS”) continues to signal interminable waiting periods for those hoping to apply for permanent residence, specifically in the second and third preference categories for Chinese and Indian nationals. I have previously written for ILW.com that a large basis for this mess stems from the temporary expansion of the H-1B cap from 1999-2003 (See “Three Cheers For The New, Improved TN! On Second Thought…” Short of a major modification in the way IV’s are allocated, combined with a substantial increase in total numbers available (or long-suffering immigrants simply giving up and leaving the United States), there is no relief in sight. Many observers are predicting comprehensive immigration reform (CIR) legislation in 2009 to solve this problem, although I unfortunately believe that such a program is unlikely for the foreseeable future. The best that may be achievable in 2009 may be piecemeal relief in specific areas, such as relief for nurses and other health care professionals.
So what is one to do while stuck in a green card queue that is seemingly without end? One could continue to wait around for a long-promised CIR to set them free, or they could continue to wait for their priority date to someday become current. After all, many thousands of people have been waiting for several years in this endlessly absurd state of limbo, so what are a few more years of waiting? Unfortunately, weighing the improbable (CIR) versus the unreliable (sustained forward movement of priority dates) has become an unacceptable choice for these many thousands who suffer from the day-to-day uncertainty that the broken IV system breeds. Time is too precious a commodity to waste. Some fresh ideas are needed to offer meaningful solutions to those who have been long-suffering in the twilight zone of the IV allocation system.
For more information on EB-5s':
Read the rest of the article
2. Immigration Remains Top-Tier Issue for 2009
Gebe Martinez wrote in Politico.com that “in presidential transition offices, immigration is cited as a top-tier issue that Obama will have to tackle early in his administration.” Indications of this come from Obama’s nominations of key champions of tough, fair, and practical immigration reform to serve in his Administration including Arizona Governor Janet Napolitano, New Mexico Governor Bill Richardson, and National Council of La Raza Senior Vice-President Cecilia Muñoz.
While everyone knows the economy is the first order of business, even Michael Chertoff would agree that something needs to be done about immigration especially after it was revealed that undocumented workers were tidying up his suburban Maryland home.
For more information on immigration remaining a top tier issue:
Read this article from Politico.com
3. Prelude to H-1B Filing Season
Employers … it is not too soon in any way to be setting your hiring strategy in place for the April 1, 2009 commencement of the H-1B filing period to start employment October 1, 2009 (for fiscal year 2010).
USCIS expects to receive far more petitions for new H-1B employment than are needed to meet the annual quota of 65,000 as well as for the additional 20,000 H-1B numbers for candidates with US advanced degrees.
We cannot stress how important it is that employers seeking to hire new H-1B workers, identify all current or future employees who will need initial H-1B sponsorship as soon as possible. We encourage you to work closely with your immigration provider on the thorough preparation of your casework so that it will be ready to be sent by courier for delivery to USCIS on April 1, 2009.
160,000 cases were filed against H-1B quotas last year. It is anticipated, due to the economic downturn, that there may be fewer H-1B filings in FY 2010; however, it is still certain that USCIS will receive a very high volume of filings that will far surpass the annual quotas as employers submit petitions in anticipation of their future hiring needs.
USCIS will use a computerized lottery if an excess of H-1B petitions are received to choose the petitions that will be awarded a cap number. Planning in advance cannot be stressed enough. Employers must have their cases ready for arrival at USCIS on April 1 – and must know that they are approvable when submitted - to ensure that they are included in the selection process. Even with advance planning and timely filing – there is no guarantee that a petition will be awarded a quota number if USCIS receives more than enough petitions to satisfy the annual cap.
Immigration Compliance Group is already starting to gather relevant and required documentation to draft H-1B casework such as college or university degrees and transcripts, evaluations of foreign educations credentials, certified translations of foreign language documents, maintenance of status information, etc. Now is the time to do your strategizing and to gather all necessary information to assure that the casework, when filed, is complete and approvable upon submission to USCIS.
Labor Condition Applications should be obtained as soon as possible. DOL has announced its intention to more closely scrutinize LCAs beginning in early 2009. In the past, LCAs were processed very quickly online – in a matter of minutes; however it has been stated that DOL is expected to take up to 7 days or more to process LCAs. Planning concerning this is absolutely essential. Employers should not wait until the final weeks before April 1, 2009 to obtain certified LCAs. LCAs should be submitted to DOL as soon as possible so that H-1B petitions can be completed and ready to file on April 1st. Employers should note that obtaining an LCA early can shorten an H-1B worker's initial period of stay, since LCAs can only be obtained six months before a requested start date and are valid for a maximum of three years. However, if applied for early, the certified LCA will be in hand and ready to file with the H-1B petition on April 1.
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.
Contact us today!
4. Settlement Opens up Amnesty for Tens of Thousands of Immigrants
Turkish immigrant Erkan Aydin, in his office at an Anaheim car dealership, is now eligible for amnesty under the class-action suit settled in September.
For two decades, Anaheim businessman Erkan Aydin has taken on a task unimaginable for most immigrants like himself - trying to convince the U.S. government that he was here illegally.
Aydin, 50, arrived in the United States from his native Turkey with a valid student visa in 1981, but fell out of legal status when he failed to enroll in school, he said.
The customer service representative has a powerful reason why he wants to be considered an illegal immigrant. It would make him eligible for the amnesty offered to 2.7 million illegal immigrants under the 1986 immigration reform law.
Thanks to a recent legal settlement, the chance to apply for amnesty is finally open to Aydin and tens of thousands of others who entered the country on a valid visa but fell out of legal status between 1982 and 1988. The settlement, approved this fall by a U.S. district court in Washington State, stems from a class-action lawsuit filed by attorney Peter Schey originally on behalf of an immigrant assistance program of the Los Angeles County Federation of Labor, AFL-CIO.
For more information on settlement opening up amnesty:
Read this story from the LA Times.
5. News from the IT Sector
Saluting the Clever Twists of 2008
We thought you’d enjoy a look back at some of the new products and technologies of 2008 that proved to be innovative and exciting.
Back to Top
6. Healthcare News
“Hospital of the Future” - Report from The Joint Commission Urges Major Changes
In order to help hospitals adjust to the challenges of the future, The Joint Commission collected insights from some of the nation’s top healthcare analysts. Their guidelines are the basis for Health Care at the Crossroads, Guiding Principles for the Development of the Hospital of the Future, a report that outlines how hospitals should adapt in the areas of finance, technology, staffing, standards of care and hospital design
“A number of powerful forces are in operation today that are confronting hospitals and forcing them to make major adjustments in the way they provide care to patients in order to survive in today's competitive marketplace and to be viable tomorrow,” said Mark R. Chassin, M.D., M.P.P., M.P.H., president of The Joint Commission in a teleconference. “Challenges are posed by economics, by technology, by demographics, a shortage of workers and by physical design challenges in hospital buildings. Any one of these issues would be a test for hospitals. But combined, they require hospitals to transform as the future unfolds.”
Workforce Shortages:
Work force shortages have persistently plagued hospitals over the last several years. By 2020, the Council on Physician and Nurse Supply estimates the U.S. will be short 300,000 physicians. In addition, healthcare staffing expert Peter Buerhaus, Ph.D., RN, FAAN, estimates that at the same time, the industry will need 285,000 more nurses. Even today, the country has a shortfall of approximately 1,300 general surgeons according to the U.S. Census Bureau. Without proper planning for the future, hospitals will find themselves with plenty of patients and not enough clinicians to care for them.
To address the fact that demand for certain health care professionals outstrips supply and to meet the needs of patients in the future, the report makes the following recommendations:
- Fair migration and compensation policies for foreign-educated nurses.
- Creating a culture that attracts and retains healthcare workers.
- Encourage increased education and skill sets among healthcare worker.
- Develop team-oriented approaches to patient care.
Read more information at the JointCommission.org
DOD Pilot Program for Foreign Doctors, Nurses, and Linguists
The United States Department of Defense (DOD) issued a press release to announce a new plan designed to address the chronic shortage of doctors, nurses, and linguists in the United States Armed Forces. Under a trial program, the Military Accession Vital to National Interest Recruitment Pilot Program (MAVNI), the DOD is authorizing the military services (comprised of the Army, Navy, Marines and Air Force) to enlist up to 1,000 legal non-citizens (foreign citizens or nationals who have lived in the United States legally for at least two years) who are doctors, nurses, or linguists, because their skills are critically needed in the nation's armed forces. The benefit to the individuals from an immigration perspective presumably would be sponsorship on an H-1B or other relevant nonimmigrant visa, followed by likely sponsorship for immigrant status (or the "green card"), as well as expedited eligibility for citizenship if the criteria are satisfied under the law.
Applicants seeking to qualify as health care professionals must fill only those medical specialties in which the armed services have a shortfall. The armed forces most pressing needs are for neurosurgeons and dermatologists to treat troops returning from service in Iraq and Afghanistan with brain and burn injuries.
For more on the DOD Pilot Program:
Read this press release from DefenseLink
More Stories in Healthcare:
7. Employer Compliance News & Updates
Social Security No-Match: A San Francisco Federal Judge denies government request to quickly issue a final decision on whether the Bush Administration may implement its new Social Security Administration (SSA) "no match" rules.
For more information on SSA:
Read this article from the USA Today
8. USCIS Revises Employment Eligibility Verification Form
The USCIS has announced that it has submitted an interim final rule to the Federal Register that will streamline the Employment Eligibility Verification (Form I-9) process.
The interim final rule narrows down the list of acceptable identity documents and further specifies that it will no longer accept expired documents. An expansive document list makes it much more difficult for employers to verify valid and acceptable forms and single out false documents compromising the security of the Form I-9 process. Within the changes included - the interim final rule will significantly improve the security of the employment eligibility verification process.
For more information on the revised ruling:
Read this press release from the USCIS & review the Q&A 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.
9. News Bytes
DHS says NY Enhanced Drivers License is Acceptable Identity Document
DHS published notice in the Federal Register that the enhanced driver’s licenses and identity documents (EDLs) issued by the State of NY are acceptable documents to denote identity and citizenship for purposes of entering the US at land and sea ports of entry under the Western Hemisphere Travel initiative.
Oregon DMV to begin Verifying Immigration in 2009
The Oregon Department of Transportation said its DMV offices will begin verifying immigration status for driver’s license applications or identification cards on January 1st at its offices around the state.
The High Price of Being America’s Toughest Sheriff
Smile, You’re Under Arrest”– that’s the name of a new reality TV show starring none other than Sheriff Joe Arpaio of the Maricopa County Sheriff’s Office (MCSO). Yet Maricopa County citizens aren’t smiling as Arpaio’s tactics have wreaked a lot of havoc, and fought little crime. Over the past year and a half, Maricopa County Sheriff Joe Arpaio of Arizona has transformed his police department into an immigration enforcement agency. Just After Christmas, Fox TV will debut their new reality TV show. There are some 2,700 lawsuits pending against Arpaio at this time.
SWITZERLAND: Becoming a Schengen State as of December 12, 2008
Switzerland will become a participating Schengen state as announced by Department of Foreign Affairs. The Schengen countries include: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland
10. In Focus for Executives – “Behaving like a Leader”
Business schools have begun to customize their executive offerings to develop the proper behaviors required to steer global corporations through the financial crisis. This is reflective of a broader shift toward creating programs that will tackle individual companies' immediate business obstacles.
Schools are looking to create programs that reflect the immediate realities of the business world and their specific needs. This shift in processes entails high levels of customization in all aspects of executive education and a strong focus on altering behaviors, rather than just 'teaching' information.
For more information 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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Phone: +1 562 612-3996
Fax: +1 562 612-3997
E-Mail: info@immigrationcompliancegroup.com
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