A Monthly Bulletin from Immigration Compliance Group -- July 2009
Summer has arrived, with July 4th celebrations in the works. Welcome clients and new followers through LinkedIn and Twitter of our news, Blog and information. Here’s the link to our July Podcast– hope you enjoy the listen: Listen Here
We Now Offer Canadian Immigration Services
A recording of our “Living and Working in Canada” June 15th audio conference is now available. If you missed it, you might want to check it out here.
Our Canadian Affiliate, Ellen de Witt, is now available to assist with all Canadian immigration matters. Ellen is a certified Canadian immigration practitioner that works out of Windsor, Ontario which is a major border crossing into the USA. She is licensed by the Canadian Society of Immigration Consultants and has been practicing for some 10 years. She is also a Commissioner of Oaths as appointed by the Commission of Ontario and is a Fellow of the Canadian Migration Institute.
If you are an employer and need to transfer personnel on a temporary or permanent basis from anywhere in the world into Canada, we are now available to assist you. If you’re an individual and wish to explore the user-friendly options available to you through Canadian immigration, be it family or business related, we’re available to assist you with this as well. Contact us at: info@immigrationcompliancegroup.com
In This Issue
Article One - Monthly Update: Living and Working in Canada
Article Two - Comphrehensive Immigration Reform - What's New?
Article Four - Customs & Border Protection Provides Admission Procedures to USA
Article Five - USCIS Provides Q&A Guidance on Filing the I-140 Petition
Monthly Update: Living and Working in Canada
By: Ellen de Witt, CCIC, FCMI
Following our teleconference in June, I would like to again emphasize that Canada offers excellent, user-friendly Immigration programs for Immigrants from all backgrounds. In fact, Canada’s goal is to add nearly 300,000 new immigrants per year. Unfortunately, in years past, Canada was unable to meet this goal due to system backlogs. Therefore, as of November 28, 2008, Canada has implemented new ministerial instructions to alleviate backlogs and concentrate on finalizing applications for many immigrants, in a shorter period of time.
The most exciting change occurred with the Federal Skilled Worker Program. In this capacity, individuals whose occupation falls into the top 38 occupations in demand in Canada, would be eligible to apply for Permanent Residence in Canada, which will now be finalized by Citizenship & Immigration Canada within only 6-12 months.
This is a radical change from the several years of processing wait times that previously occurred, which caused individuals to seek immigration to other countries. Canada has recognized this and has implemented the new process to encourage Skilled Workers to once again consider Canada.
One of the most desired occupations include those in the medical profession, such as Doctors, Nurses (RNs and RPNs), Occupational Therapists, Physical Therapists, Audiologists, Speech Pathologists, and Medical Radiation Technologists.
In order to qualify under the Federal Skilled Worker program, a potential candidate is assessed under six (6) factors as follows:
1. Age
2. Education
3. Experience
4. Language
5. Arranged Employment
6. Adaptability
It is recommended that an applicant be between the ages of 21 and 49, possess at least 4 years of work experience and have a high level of proficiency in either the English or French language. The reason being is that if the potential candidate is older that 49, has less than 4 years of experience or is not highly proficient in English or French, points will be deducted from their final assessment score. However, if you have arranged employment in Canada, have a relative in Canada, have ever previously studied or worked in Canada or have a spouse with an educational background, you could receive additional points of assessment under the Arranged Employment and/or Adaptability factors, which would ultimately increase your final assessment score.
No two assessments are the same as each potential candidate is assessed individually, based upon all six of the selection factors set by Citizenship & Immigration Canada.
Also, in addition to those in the medical field, there are many other occupations which are currently in demand in Canada. The province of Quebec is launching its own accelerated and simplified immigration program for international students and specialized foreign workers who meet labor market priorities in the province – and there are new programs being introduced in Saskatchewan, as well, to better attract entrepreneur immigrants and skilled workers, and to provide them with enhanced settlement and integration supports.
So, If you have interest in immigrating to Canada within the next 6-12 months, please do not hesitate to forward your resume to Immigration Compliance Group for a free, no-obligation assessment, or contact Ellen direct and reference Immigration Compliance Group: ellen@dewittimmigration.com or by telephone at 519-969-6789
Comprehensive Immigration Reform - What's New?
Obama Introduces First Steps to Immigration Reform
Obama, on June 25, 2009, finally held a twice-delayed meeting with members of Congress to discuss the thorny issue of immigration reform – a goal the Obama administration claims to fully support but will keep on the backburner until it becomes more politically feasible. In the meantime, the president announced, the White House is implementing administrative changes that are meant to improve the country’s immigration system.
The White House characterized the meeting as the "launch" of a policy conversation and "an honest discussion about the issues." True to "Yes We Can" form, President Obama's no-nonsense remarks after the meeting indicated that the time for inflammatory rhetoric is over and the time for genuine dialogue is now. As with other major initiatives, the President announced the formation of an immigration working group led by Department of Homeland Security Secretary Janet Napolitano. Secretary Napolitano will work with members of Congress to reach solid, practical solutions. "
Today President Obama moved the ball forward on comprehensive immigration reform and changed the nature of the debate - shifting politicians from finger-pointing to problem-solving," said Mary Giovagnoli, Director of the Immigration Policy Center. "The President and key leaders on both sides of the aisle, including Senator John McCain, are ready to roll up their sleeves and work on practical legislation that solves our immigration crisis. There will be challenges, as there are in any legislative process, but the public should be reassured that we are finally moving forward in a genuine, bipartisan fashion, on a reasoned and reasonable debate on comprehensive immigration reform."
After the meeting, Obama said immigration reform is “one of the most critical issues that I think this nation faces.” Still, he added, “there is not by any means consensus across the table.”
Watch a video of the president’s remarks below:
Watch CBS Videos Online
Read more information on this story at immigrationimpact.com
Students Storm Congress on National DREAM Act
On Tuesday, June 23, 2009, more than 500 students from across the country gathered in Washington, DC, to take part in the National DREAM Act Graduation Ceremony. Although only a symbolic ceremony, students from different countries and backgrounds stood as one in an effort to push Congress to pass the Development, Relief, and Education for Alien Minors Act (DREAM Act), which remains another important step in the broader fight for comprehensive immigration reform.
Read more information at immigrationimpact.com
Immigration Policy Center Issues a Primer on Comprehensive Immigration Reform
This is an excellent resource guide that discusses the key elements of Comprehensive Immigration Reform - that immigration policy should support family and American values; how to solve the enforcement and humanitarian dilemma posed by some 12 million living and working in the US without legal status.
Read more information at immigrationimpact.com
3. Filing H-1B's in 2010
Effective June 30, 2009, the new U.S. Department of Labor (DOL) iCert system for LCAs will completely replace the previous web-based system, eliminating same-day LCA approvals in many or most cases. Under the new system, DOL will use up to seven business days granted to them in the statute to certify the LCA. We are hearing that early experience with the system indicates that DOL is using all seven business days or more.
In the era of iCert, advanced planning cannot be stressed enough. Employers should monitor the expiration dates of H-1B employees and allow sufficient time (4-6 months) for the preparation and filing of H-1B extensions and amendments. This delay in filing H-1B petitions will also impact the usefulness of H-1B portability, since an individual in H-1B status will only be authorized to work for the new employer upon the filing of the new petition, and a certified LCA is required to make that filing.
Under the new system, LCA delays could well add a week to ten days to that process. Unfortunately, employees who fall victim to the economy will also feel the impact of the delayed LCA certification timing, as it will delay their ability to file a new H-1B petition once they have obtained new employment.
If you have further questions on how iCert impacts your workforce please contact our office for more information: info@immigrationcompliancegroup.com
4. Customs and Border Protection Provides Admission Procedures to USA
CBP reviews: The inspection process, what does the law say, what can I expect to happen at a US port of entry...read the rest of the story here
5. USCIS Provides Q&A Guidance on Filing the I-140 Petition
Form I-140 Immigration Petition for Alien Worker is used to petition USCIS to classify an alien beneficiary as eligible for an immigrant visa (green-card) based on employment. USCIS has provided Q&A guidance in assembling, documenting and filing Form I-140.
Read the rest of the story here
6. What's New In IT?
U.S. Immigration Rules Blamed for Tech Brain Drain
Silicon Valley is facing a brain drain of high-achieving foreign-born students, more of whom are leaving in the face of a chilly local immigration environment in a trend experts say will hurt U.S. high-tech industry competitiveness in the long run.
A more attractive employment environment overseas and a bad local economy are increasingly prompting graduates to head home in search of rosier prospects. This is depriving Silicon Valley – often called the cradle of global tech innovation – the fresh blood it needs to remain at the vanguard of hot new industries such as clean technology.
“I believe we are going to innovate our way out of the economic woes we have, and in order to do that you need innovators,” Representative Zoe Lofgren, a California Democrat who chairs the House Judiciary Immigration Subcommittee said by telephone.
Read more information about this story here
High-Tech Brigade Heads to Afghanistan Loaded with Gadgets
The soldiers of the 5th Brigade, 2nd Infantry Division are shipping out to Afghanistan this month — equipped with a controversial array of infantryman gadgets.
Read more information about the story here
Apple CEO Jobs Returns to Work
He’s back after 6 months on medical leave. Apple CEO Steve Jobs has returned to work on schedule after taking a six-month leave of absence due to medical issues, the company said on Monday.
Read more information about the story here
Windows 7 Prices OS 41-100% More in the UK, but Ships Without a Browser
European customers will pay up to twice as much for Windows 7 compared to U.S. users, even though the new operating system will ship without a browser in Europe, according to Microsoft.
When the company launches Windows 7 on Oct. 22, it will price Windows 7 Home Premium, likely the most popular of the three editions available at retail, at €119.99 in the European Union (EU) and charge £79.99 in the U.K., an EU member that has retained its own currency. Those prices are the equivalent to $168.66 and $132.14 U.S., respectively, at Saturday's exchange rates.
Read more information about the story here
7. What's New in Healthcare?
Business Week Reports on Nurse Immigration Bill
This is a decent article but ignores the fact that foreign nurses are essential to alleviating the nursing shortage we have right here and now! Training more American nurses is only a part of the long term solution, given that it will take years to really get the numbers where they need to be. We should be applying ALL possible solutions. The American Association for International Healthcare Recruiters (AAIHR) has presented an excellent document on this topic, setting the record straight on perception vs. reality concerning The Emergency Nurse Supply Relief Act (H.R. 2536).
Read more information about this story at Business Week
Read the AAIHR document here
TV turns to Nurse Dramas
“Nurse Jackie”….love, hate…or love to hate ? Have you caught the new “Nurse Jackie” TV drama starring Edie Falco? …saint or sinner? Showtime – Monday nights 10:30 ET/PT.
Read about the show here
“HawthoRNe” on TNT starring Jada Pinkett Smith
Read about the show here
Podcasts by Nurses for Nurses on “The Nurse’s Station”
Check out this unique educational website
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8. Employer Compliance
Is your I-9 Process In Compliance? The New Investigative Units
ICE Criminal Enforcement teams are focusing much of their time these days investigating employers - not chasing down undocumented workers. In prior years they conducted large raids at factories or worksites and detained unauthorized workers. ICE is responsible for the enforcement of the I-9 program and has recently hired groups of forensic auditors to help in investigations of employer I-9 files.
ICE leadership recently met with Janet Napolitano (DHS)\ the result of which is a plan for ICE to work more closely with local U.S. Attorneys' Offices when investigating employers. ICE had previously taken a less aggressive stance in its investigations, often using site visits, letters, and administrative subpoenas to obtain records and I-9s from employers.
The new approach is to combine ICE agent investigations with local federal prosecutors to obtain judicial subpoenas, bringing criminal charges, sometimes called grand jury indictments, against owners and managers of companies. Many such cases involve instances of alleged fraud in the H-1B and/or labor certification process for employment-based green card cases. Other situations result from improper or nonexistent I-9 practices or the employment of undocumented and unauthorized workers.
This approach is on the rise. We are hearing stories of ICE and USCIS questioning H-1B and employees with EAD cards in an effort to gain evidence on employers. ICE now has special investigative units in all 4 of the service centers. A recent example of this is the highly publicized indictment and arrest of 11 individuals involved in IT consulting companies in Iowa, California, Massachusetts, Texas, Pennsylvania, Kentucky and NJ. This was a coordinated effort on the part of ICE and the US Attorney for the Southern District of Iowa.
An example of fraud would be an employer indicating an in-house project when there is no in-house project at the employer’s worksite and the H-1B employee has been working at a client site location from the beginning. Remember, immigration documents are signed under penalty of perjury, thus it is considered a federal criminal offense to intentionally misrepresent to the government to obtain immigration benefits.
Scrutiny is increasing at IT consulting and labor contracting companies. These investigations are to be taken very seriously and ICE’s involvement usually indicates a belief that fraud is taking place.
We encourage you to call upon Immigration Compliance Group expert employer compliance team to assist you with the development of a comprehensive and easy to follow immigration compliance program. Now is the time to get this in order.
AILA NV June Conference Addresses USCIS Hunt for H-1B Fraud From the Immigration Compliance Group Blog
Recent panel discussions at the AILA Conference in NV focused on the H-1B program. The $500 anti-fraud fee collected for H-1B and L-1 visas is being used to hire more investigators. Business practices once considered “the norm” and perhaps not perfect - are being scrutinized and employers are being penalized for document violations and overall inattention to detail. Consular offices and USCIS are asking for photos of premises, employment agreements, business licenses and organizational charts. These requests are way out of bounds, and considerably prolong case processing creating tremendous stress for all parties concerned - the employer, the employee and the immigration practitioner.
A recent posting on AILA of a Fraud Summary Sheet (that wasn’t posted for very long!) for H-1B and L-1 cases, presumes fraud if one meets 2 out of 3 criteria: doing business for fewer than ten years; have fewer than 25 employees, and/or has less than $10 million in revenue. Many high-profile, very reputable organizations are receiving these Requests for Evidence based on the Fraud Cheat Sheet without any basis in reality.
This preoccupation with fraud in the H-1B and L-1 programs is likely to continue in the upcoming year. So, in terms of supporting evidence….a word to the wise…
E-Verify PowerPoint
This is a recent PowerPoint presentation for AILA’s Seattle Chapter
I-9 Form Remains Valid Beyond June 30, 2009
Read this story at Docstoc.com
9. "In Focus" for Managers and Human Resource Professionals
Employee Empowerment
Employee Empowerment is the process of enabling or authorizing an individual to think, behave, take action, and control work and decision making in autonomous ways. It is the state of feeling self-empowered to take control of one's own destiny.
When thinking about empowerment in human relations terms, try to avoid thinking of it as something that one individual does for another. This is one of the problems organizations have experienced with the concept of empowerment. People think that "someone," usually the manager, has to bestow empowerment on the people who report to them. Consequently, the reporting staff members "wait" for the bestowing of empowerment, and the manager asks why people won't act in empowered ways. This led to a general unhappiness, mostly undeserved, with the concept of empowerment in many organizations.
Think of empowerment, instead, as the process of an individual enabling himself to take action and control work and decision making in autonomous ways. Empowerment comes from the individual.
Read more about this story at About.com/Humanresources
Immigration Compliance Group’ strategic partnering approach with its clients, has earned them a reputation that speaks clearly to the necessity in today's global marketplace of delivering sound immigration legal counsel coupled with proactive business insight. This practical, focused approach enables our clients to concentrate on the core competencies of operating their business and produces rewarding and productive win-win results all the way around.
We will design a fairly-priced immigration program that works for you, whether it’s providing immigration consulting, working with you on employer compliance issues or handling your immigration case filings.
Our creative and flexible approach has won us many accolades and satisfied clients. Our talented and experienced staff is available to assist 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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