Free Webcast/Virtual Event:
"Corporate Compliance in Employing Foreign Nationals: How to make sense of IRCA/I-9 requirements, E-Verify, No-Match letters and LCAs”
Legal compliance in employing foreign nationals is now more important than ever as the U.S. Immigration Customs and Enforcement (ICE) agency recently intensified workplace raids focusing specifically on employer crackdowns, resulting in a multitude of fines for several well-known companies. With constant regulation changes you may not be current with your workplace enforcement compliance practices, but the threat of government audits and raids makes the need to get current and have practices in place urgent. To help you ensure compliance, VISANOW will host a virtual event (9:00 AM - 5:00 PM EST) and present a live webcast (11:00AM EST) in conjunction with hr.com on September 2. Register now.

During the webcast you will learn key compliance tips and get recommendations on IRCA/I-9, E-Verify, No-Match letters and LCAs – the most important aspects in regard to employing foreign nationals. If you are unable to attend the webcast, the virtual event is open 9:00 AM to 5:00 PM EST. We’ll have an experienced immigration attorney available all day, so stop by and get your workplace enforcement compliance questions answered.

10 Steps Guaranteed to Streamline your Immigration Process and Increase ROI – New Chapters Published
Based upon industry experience, VISANOW has developed a ten best practices in immigration services white paper to help streamline your current process, and ultimately increase ROI and employee satisfaction. You will learn to challenge immigration service traditions and get actionable tactics on how to effectively streamline the immigration process.

Chapter 1: Pick the right provider and manage the relationship for success
Chapter 2: Use the right technology in structuring an efficient immigration process
Chapter 3: Lower and control your costs

Download now.

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VISANOW Reader Survey
To continually improve your reader experience, VISANOW would like to invite you to participate in a survey based upon your reader experience of the VOICE. The first ten respondents will receive a $10 Starbucks gift cards. Take the survey.

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Partner Spotlight: UnicornHRO
VISANOW has recently partnered with UnicornHRO, a leader in human resources and payroll solutions, to deliver more innovative solutions and increase the overall efficiency of human resources. UnicornHRO specializes in fully-integrated benefits, payroll and human resources solutions for companies with anywhere from five to 10,000 employees.

Unicorn HRO’s applications and solutions are designed to build the strategic value of their customers’ human resources for long-term success. Solutions are developed and implemented by an experienced team of research & development, industry and service professionals. Together, the combined expertise, insight and innovation empower customers to work with the utmost cost-efficiency and organizational agility at a time when the demand for excellence is equaled only by pressures on bottom-line performance. Learn more about UnicornHRO.

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U.S. Immigration News

ICE Focusing Resources on Workplace Enforcement
DHS Secretary, Janet Napolitano outlined in April that ICE will focus resources on immigration workplace enforcement, and consequently issued 652 Notices of Inspection (NOIs) to businesses around the country in July. The amount of NOIs issued is more than ICE issued throughout all of last fiscal year, which reflects the strong intentions of ICE in pursing workplace enforcement.

We recommend that all employers take preventive measures immediately by contacting your immigration services provider to put processes in place, undergo proper training and conduct internal audits to ensure compliance. VISANOW is holding a workplace enforcement compliance webinar/virtual event on September 2 – register now.

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H-1B Cap Update
As of August 14, 2009, the U.S. Citizenship and Immigration Services (USCIS) has received 45,000 cap-subject H-1B petitions towards the fiscal year 2010 cap. In recent years, the quota of 65,000 petitions filled up very quickly after the initial filing date of April 1, but due to the economic downturn, this year’s cap has not yet filled up.

Due to the low demand for H-1B applications, USCIS will continue to accept petitions filed on behalf of foreign nationals who previously have not held H-1B status, so there is still time to submit H-1B applications. Contact your immigration services provider to see if this is an option for you.

Approximately 20,000 petitions qualifying for the advanced degree (Master’s) cap exemption have been filed. In previous years, the regular cap of 65,000 filled up more quickly than the advanced degree cap, but for FY2010, the advanced degree cap was filled earlier. As such, all additional H-1B’s filed on behalf of foreign nationals who earned a Master’s or higher degree from a U.S. university are now being counted towards the 65,000 quota, which is still open.

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September Visa Bulletin
The September Visa Bulletin, which is the last bulletin for the current immigration fiscal year, showed another huge leap forward in priority dates for Chinese and Indian nationals in the Employment-Based (EB) second category (members of the professions holding advanced degrees or persons of exceptional ability), which is positive news for Chinese and Indian nationals awaiting a green card. On the other hand, the fourth category for certain special immigrants (including religious workers) have become unavailable, as predicted in last month’s bulletin.

The forward movement in the EB-2 category for Chinese and Indian foreign nationals brings positive news to many who have been waiting a long time for their green cards. However, the movement is more likely a reflection of the government’s need to use all remaining immigrant visa numbers before the start of the new fiscal year. The October Visa Bulletin, the first bulletin for the next fiscal year, will more likely reflect the true state of the EB-2 backlog. Further, bear in mind that not all EB-2 cases that are currently under this bulletin will be approved. The government will only approve as many cases as are necessary to use up the remaining immigrant visa numbers for this fiscal year.

As for the now unavailable fourth preference category, the U.S. Department of State (DOS) predicts that the category will become current again at the start of the new fiscal year. However, the regulations that created the “Certain Religious Workers” category has expired and these visas will no longer be available unless legislation is passed reinstating the category.

EB Visa Bulletin for September 2009

Legend

• C = Current as there is no waiting period necessary to file the I-485
• U = Unavailable as visa supply has been exhausted for the remainder of fiscal year
• Date indicated = Cut-off date that indicates a backlog; if the priority date (date the labor certification or I-140 was filed, depending on the type of case) is BEFORE date listed, the I-485 can be file

Employment-based Preferences

• First: Priority Workers
• Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
• Third: Skilled Workers, Professionals and Other Workers
• Fourth: Certain Special Immigrants
• Fifth: Employment Creation

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International Immigration News
 

Understanding the Difference between “Business” and “Work”
A very common question that we are often asked is “Do I need a work permit or business visa?” While each country has its own body of governing rules that regulate the difference between work and business activities, there are a few questions that you can answer to assess your situation, such as will you be conducting meetings or negotiations?

We suggest conducting the self evaluation of your specific scenario, and then to consult your immigration services provider for additional guidance.

The following are several questions that can help you assess your particular situation:

Work:

• Will the activities require a signatory authority?
• Will you be performing your same activities in the host country (foreign country) that you currently perform in your home country?
• Will you be there long term (longer than 3 months)?
• Will you be conducting technical services?
• Will you be receiving direct compensation from the host company?

Business:

• Will you be conducting meetings?
• Will you be conducting negotiations?
• Attending a seminar or conference?
• Attending a fact finding trip?
• Conducting market research?

If you answered yes to questions 1-5 then chances are good that you are conducting “work” while in the foreign country; while yes answers to questions 6-10 constitute a “business” trip. Again, we recommend you reach out to your immigration services provider to confirm the specifics of your situation and if work authorization or a business visa is needed.

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UK Intra-Company Transfer Potential Changes
Earlier this year the UK Government asked the Migration Advisory Committee (MAC) to consider abolishing the Tier 2 Intra Company Transfer option for immigration into the UK, because of the current economic downturn. However, the request caused great concern for multinational companies transferring employees into the UK. With this in mind, the MAC recommended leaving the Tier 2 Intra Company Transfer category in place while making a few recommendations.

The consensus was that abolishing the Intra-Company Transfer route would have a devastating impact of the UK economy, weaken their position in the global market, and inevitably lead to retaliation from major international trading partners. Further, the MAC recommendations refine Tier 2 regulations to minimize category misuse in the down economy.

While the UK government will have the final ruling, the MAC recommended the following changes to the Intra-Company Transfer route:

• The intra company transfer route should not lead to right to permanent residence
• The qualifying period with the company overseas should be extended from 6 months to 12 months
• A separate scheme should be created for graduates which would require 3 months prior experience with the company, but a maximum stay in the UK of 12 months
• The UK Government should give consideration to whether the level of resource currently being given to the enforcement of intra-company transfer route is adequate

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Philippine Employment Visa Process Extended
For 9G (Pre-arranged Employment in the Philippines) visa applicants the processing time just became a little longer. Applicants, whose job falls under the 42 specified professions, must now secure a clearance form from the Philippine Professional Regulatory Commission (PRC) as part of the requirements for their visa applications.

If you are seeking Philippine employment visas it is important to know that the additional clearance will increase the overall processing time for 9G applications to approximately four months. The increased processing time is a reminder that the immigration process should be started early enough to allow sufficient time to secure the relevant clearance form. Check with your immigration services provider to see how this process change will affect your visa process.

The PRC has advised the processing time for the clearance form could take up to one month. Further, this new change is applicable to anyone whose job title falls under one of the 42 professions currently regulated by the PRC, which includes accountancy, various engineering fields, various medical fields, etc.

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