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National Interest Waivers Provide Individuals with Permanent Status.
Posted by: Gina Giambalvo
June 29, 2009
Topic: National Interest Waivers

A foreign national may apply for lawful permanent residence status (green card), and seek a waiver of the job offer and labor certification requirements, by establishing that his or her admission to permanent residence would be in the National Interest.

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US Department of Labor Redesigned the Labor Certification Forms ETA 9035 (LCA) and ETA 9089 (PERM).
Posted by: Gina Giambalvo
February 12, 2009
Topic: News Articles

On February 9, 2009, the US Department of Labor held a "Public Briefing on Using the Redesigned Labor Certification Forms" in Baltimore, Maryland.  The purpose of the briefing was to educate stakeholders on the use of the redesigned ETA 9035 (LCA) and ETA 9089 (PERM).  At the briefing the DOL emphasized that the changes made to the forms are simply changes in the way data is collected; they do not constitute changes in policy.

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Economic Downturn: Immigration Issues for Layoffs, Terminations, Mergers, Acquisitions, Restructurings and How These Impact Foreign National Workers.
Posted by: Gina Giambalvo
February 05, 2009
Topic: Employment Verification / I-9 News

As our economy continues in its downward spiral, company mergers, acquisitions and restructurings (“transactions”) are likely to continue. In general, since a merger, acquisition or restructuring is a “corporate transaction”, the immigration issues often get left in the dust. For this reason, it is important that immigration repercussions that arise from a merger, acquisition or restructuring are considered and that Business Immigration Counsel is brought into the “deal” or arrangement at the appropriate time – earlier rather then later. This is especially the case since Business Immigration Counsel may be able to save money for the parties to the transaction.

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IMMIGRATION-RELATED AUDITS: What Employers Need to Know.
Posted by: Gina Giambalvo
February 05, 2009
Topic: Employment Verification / I-9 News

There are three potential “hot spots” for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa. The second area of potential audit concerns the employer’s obligations under the Immigration Reform and Control Act of 1986 (“IRCA”) [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the “I-9 Process”). The third, and one more recent, area of audit surrounds the new Labor Certification Application Program called “Permanent Electronic Review Management” (“PERM”). Each of the foregoing government programs anticipates compliance through “audit”. Even a rudimentary understanding of the complex documentary requirements for each of these programs can help and employer to avoid potential liability. 

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USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility
Posted by: Gina Giambalvo
February 02, 2009
Topic: Employment Verification / I-9 News

U.S. Citizenship and Immigration Services (USCIS) announced Friday that it has delayed the implementation of an interim final rule entitled "Documents acceptable for Employment Eligibility Verification" published in the Federal Register on December 17, 2008 by 60 days, until Aptil 3, 2009.  The rule streamlines the Employment Eligibility Verification (Form I-9) process and was originally set to take effect today, February 2, 2009.

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