Newsletter - July 2009

Newsletter - July 2009
July 1, 2009
Articles
ALTERNATIVES TO PERM
Alternatives to Perm Whether your company recently reduced its workforce or the general job market is simply not strong enough to support an application for Labor Certification (PERM), there are other employment-based permanent residency option that do not require proving there is a shortage of qualified and willing US workers.

Additionally, these categories often lead to permanent residency in much less time, and should be considered even if Labor Certification is a viable option. (more)



NEXT QUARTER TOPICS
UPDATE ON FY 2010 H1-B COUNT
Reflective of the recessionary business environment, the annual H-1B limit of 65,000 new H-1Bs has yet to be reached.
(more)



NEW I-9 REQUIREMENT
Previously, "credible evidence" of the filing of an H-1B transfer petition by the new employer was deemed sufficient, as the law permits the H-1B beneficiary to begin working for the new employer upon the filing of the new petition. Therefore, employers frequently started employing H-1B transfer employees soon after they file the H1B transfer petition.

Although the law has not changed, USCIS recently revised Form I-9 and issued a new employer handbook, which became effective in April. The new handbook imposes a new requirement for H-1B employers by requiring the employer to wait until the USCIS I-797 receipt notice is received. (more)



Government Enforcement Actions
H-1B employers, particularly IT consulting companies, are experiencing extreme difficulties in obtaining H-1B approvals for their prospective employees. Their plight seems to exacerbate as the U.S. Citizenship and Immigration Services ("USCIS") and the Department of Labor ("DOL") have increasingly flexed their investigation and enforcement muscles to scrutinize and assess whether companies filing H-1B petitions are violating the Labor Condition Application (LCA) requirements. (more)
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