MurthyBulletin
VOL. XV, no. 13; Mar 2009, week 4
Posted : Mar 27, 2009
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"We know your immigration matters!" SM
The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm. Full Disclaimer available.
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TOPICS in this Edition of the MurthyBulletin :
1. Thinking Outside the Housing Bubble
2. Conrad-30 Investor Pilot Program and Religious Worker Extensions
3. New Handbook on Form I-9 Completion Effective April 3, 2009
4. Facebook Community : Visa Mantis - Technology Alert List (TAL)
5. 3-Part Corporate Teleconference on H1Bs, Public Access Files, & I-9 Compliance
6. Reminder : Murthy's Corporate Teleconference - Wed, Apr 01, 2009
7. MurthyDotCom : Did You Know about Our Page for Employers and Employees?
8. Important Processing Times and Dates
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Engaging the Murthy Law Firm : Our office can conveniently and efficiently represent clients located anywhere in the United States or abroad on U.S. immigration matters.
Consultations with attorneys at the Murthy Law Firm : You may contact our office to schedule a one-time paid consultation with no further obligation. A scheduled consultation with an attorney at the Murthy Law Firm provides you with details and recommendations based on the specific facts of your case. This will help you with making the right decisions based on the legal options and strategies available.
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1. Thinking Outside the Housing Bubble
©MurthyDotCom
The bursting of the housing bubble has reverberated throughout the global economy, starving the financial system of much-needed credit. The ensuing recession has prompted the U.S. government to inject trillions of tax dollars into the financial system, and to put forth plans for preventing foreclosures and stabilizing the housing market. The additional costs are estimated in the hundreds of billions of dollars. However, another proposal to fix the housing market suggests allowing foreign investors to buy surplus housing in exchange for permanent residence. It is important to understand that this is only a suggestion from the authors of the article cited below. It has NOT been proposed in Congress.
©MurthyDotCom
On March 17, 2009, Richard S. Lefrak and A. Gary Shilling published an opinion / editorial (op-ed) piece in the Wall Street Journal, arguing that the Obama Administration should create an immigrant visa program for foreign nationals who buy homes currently sitting on the market. With a surplus of 2.4 million homes and home values that have fallen by 27 percent since the peak of the housing boom in early 2006, Mr. Frank and Mr. Shilling see an opportunity to reduce this surplus by tapping into the still booming demand for immigrant visas. Turning vacant homes into occupied ones could have a direct impact on the U.S. economy. Home values may level out as surpluses reduce. Investors with securitized interest in the mortgages attached to these homes could see their investments increase in value. Banks may not need to rely on the government for capital, since they would have performing assets again. And housing construction could resume at a sustainable pace. All of this would improve the U.S. and world economy dramatically, without costing the taxpayers, and would increase the tax base and strengthen the overall economy.
©MurthyDotCom
Similar to the EB5 Investor Visa Program
©MurthyDotCom
The authors' proposed housing investor visa program is analogous to the current EB5 investor visa program, which grants visas to foreign entrepreneurs willing to invest a certain sum and hire a certain number of U.S. workers. EB5 requirements were covered for MurthyDotCom and MurthyBulletin readers in our March 14, 2008 article, EB5 Investor Must Satisfy All Legal Requirements. The Citizenship and Immigration Services (CIS) Ombudsman released some recommendations (PDF 148KB) on March 18, 2009, to make the EB5 program more effective in job creation. Currently, the program approves fewer than 1,000 applications per year, with an annual cap of 10,000. These are relatively dismal numbers when compared to a similar investor visa program in Canada that approves between 4,000 and 10,000 investor visas a year.
©MurthyDotCom
Conclusion
©MurthyDotCom
The current recession has posed unique challenges for the U.S. economy. Nontraditional strategies to improve the economy, such as tapping into the prospective immigrant investor community, deserve consideration as viable sources of economic stimulation are sought. Immigrants can provide a source of wealth and stability, if proper avenues exist.
©MurthyDotCom
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2. Conrad-30 Investor Pilot Program and Religious Worker Extensions
©MurthyDotCom
President Barack Obama signed H.R. 1127 on March 20, 2009. This legislation extends both the Conrad 30 program for physicians and the Non-Minister Immigrant Religious Worker category until September 30, 2009. Additionally, the U.S. Citizenship and Immigration Services (USCIS) recently announced (PDF 28KB) the extension of the EB5 Immigrant Investor Pilot Program, now set to continue until September 30, 2009. The EB5 extension was part of the Fiscal 2009 Omnibus Appropriations Bill that was signed into law by President Barack Obama on March 11, 2009.
©MurthyDotCom
Conrad 30 Program
©MurthyDotCom
The Conrad 30 program provides a possible avenue for physicians in J-1 status to obtain a waiver of their two-year home return requirement. It mandates employment in certain underserved areas of the United States. More information on this program can be found in our March 16, 2007 article, Congress Extends Conrad State Program until June 1, 2008. The current extension under this recent law is valid until September 30, 2009. The program initially was established in 1994 and has been extended periodically until the present.
©MurthyDotCom
Non-Minister Religious Workers
©MurthyDotCom
The legislation that extended the Conrad 30 program also extended the Non-Minister Religious worker program until September 30, 2009. More information on this immigrant category is available in our February 13, 2009 article, Non-Minister Special Immigrant Category to Expire Mar 6, 2009.
©MurthyDotCom
EB5 Pilot Program
©MurthyDotCom
The EB5 Pilot Program targets designated regional centers as locations for investments. The basic requirements are set out on the USCIS WebSite. One of the key differences in this type of investment is that it is sufficient to create the required ten jobs indirectly, rather than through direct employment. The other requirements of a qualifying investment must be met.
©MurthyDotCom
Conclusion
©MurthyDotCom
The extension of these programs is significant, particularly during the current economic downturn. Encouraging investment and job creation is important at all times, but it is especially vital when the economy is struggling. The Conrad 30 program provides medical services, often from well-trained and experienced physicians, to many in the United States who have limited access to medical care. Non-minister religious workers often contribute to spiritual well-being, as well as providing through religious organizations many services of compassion to those in need. The investor option provides the United States with much needed capital and create jobs that are so vital in times like these. Thus, we at the Murthy Law Firm are pleased to inform our readers of these developments.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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3. New Handbook on Form I-9 Completion Effective April 3, 2009
©MurthyDotCom
The U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) recently released a new version of the Handbook for Employers: Instructions for Completing Form I-9, Employment Eligibility Verification Form (PDF 3.46MB). This handbook is now available online. It is important to note that the new handbook should be used starting April 3, 2009. Employers must understand and comply with the I-9 requirements, as there are substantial penalties for violations, as explained in the handbook.
©MurthyDotCom
New Form I-9 Takes Effect April 3, 2009
©MurthyDotCom
Regular MurthyDotCom and MurthyBulletin readers were alerted to the USCIS's delay in the implementation of the new Form I-9 in our February 6, 2009 article, available on MurthyDotCom. The new handbook has been released for employers to use when completing the new I-9.
©MurthyDotCom
Major Change in I-9 Verifications
©MurthyDotCom
One major change in Form I-9 verification pertains to new rules imposed on documents that have expiration dates. In the past, documents such as U.S. passports could be used for I-9 verification, even if expired. As of April 3, 2009, the rules regarding expired documents have changed.
©MurthyDotCom
Conclusion
©MurthyDotCom
Employers will be required to use the revised Form I-9 for all new hires and to re-verify any employees with expiring employment authorization beginning on April 3, 2009. The Murthy Law Firm will continue to track changes to I-9 requirements and will update MurthyDotCom and MurthyBulletin readers on anything significant.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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4. Facebook Community : Visa Mantis - Technology Alert List (TAL)
©MurthyDotCom
We at MurthyDotCom have been requested to encourage science and technology scholars and professionals, who have been waiting for an extended period for Visa Mantis clearance, to join the Facebook community at http://www.facebook.com/group.php?gid=50933335266. There is a place for these individuals to post their details under the discussion topic entitled, Compiling 221g TAL Cases for a Petition.
©MurthyDotCom
The community collects the names and details of the pending visa applicants, using this as the electronic consent and signature, adding the names to the petition. This is an open community and one can browse through to see the extent of this problem without signing up.
©MurthyDotCom
The collected data is compiled in a spreadsheet that is available publicly: http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html
©MurthyDotCom
The petition is continually updated and utilized to draw attention to this problem and to request a resolution of the processing delays. The collected data is used as supporting statistical information. The most recent version of the petition can be found on this forum, or by searching "221g TAL" on Google.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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5. 3-Part Corporate Teleconference on H1Bs, Public Access Files, & I-9 Compliance
©MurthyDotCom
As part of our monthly Corporate Teleconference series, the Murthy Law Firm conducted a short session in August 2008, which focused on company compliance with the U.S. Department of Labor (DOL)'s rules for the H1B labor condition application (LCA) program. The feedback following that teleconference was astounding. Both attendees and those who heard about the teleconference contacted our firm to request additional information on H1Bs, public access files, I-9 compliance, conforming to the laws, and how to cope with active investigations.
©MurthyDotCom
In response to the growing interest in these topics and the tremendous reaction to our initial teleconference on the subject, the Murthy Law Firm is proud to announce a comprehensive, three-part teleconference series that will cover the above mentioned areas. For a nominal fee, beginning Wednesday, April 8, 2009, employers and their representatives are invited to attend a discussion conducted by our attorneys, which will delve further into these important and complex topics. Each ninety-minute session will end with thirty minutes of questions and answers with Attorney Sheela Murthy.
©MurthyDotCom
Session details will be forthcoming on MurthyDotCom. The link will be made available on:
MurthyDotCom : Murthy Teleconference Series - What Employers Should Know after Filing I-485s in Jul/Aug 2007
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Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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6. Reminder : Murthy's Corporate Teleconference - Wed, Apr 01, 2009
Topic : Life after the Green Card
Planning for Your Future with Reentry Permits, Naturalization Eligibility, and Maintaining Your Permanent Residence
©MurthyDotCom
The next teleconference in the Murthy Law Firm's series specifically for employers and their agents will address U.S. permanent residents (green card holders) and immigration law. Our attorneys will answer the important questions to help callers understanding some of the rights, obligations, and benefits of permanent residents. Whether considering travel outside the U.S., applying for citizenship, or accepting a work opportunity abroad, this information will be valuable for employers. Led by Attorney Sheela Murthy, our attorneys will explain reentry permits, the requirements for becoming a U.S. citizen, and procedures to ensure permanent residence is not only maintained, but that it also can be proven.
©MurthyDotCom
Employers and their representatives can find more detail and learn how to register here.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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7. MurthyDotCom : Did You Know about Our Page for Employers and Employees?
©MurthyDotCom
At MurthyDotCom we know that many immigrants come to the United States chasing employment opportunities. On the other side of this equation are the U.S. employers who are looking for the best, brightest, most willing job applicants to fill positions in their companies. In the middle is the U.S. government. Among the government agencies affecting this match are the U.S. Department of State that determines whether to grant a visa to a worker bound for the United States; the Department of Homeland Security, whose dual role is to grant benefits as well as secure borders; and the Department of Labor that seeks to protect the U.S. workforce, while facilitating employer access to the non-U.S. workers they require. See our page dedicated to Layoffs, Mergers & Acquisitions in response to the current economic uncertainty. We also have a page specifically for the concerns employers have regarding Compliance matters. Find other relevant news effecting employers and immigrant workers on our page for Employers and Employees on MurthyDotCom.
©MurthyDotCom
MurthyChat : The next MurthyChat session will be Monday, Apr 06, 2009, 9:00pm Eastern Time (U.S.). Due to there being five Mondays in March, we originally announced there would be a chat on March 30th. We apologize for the confusion. The chat generally occurs on the 1st and 3rd Mondays of each month. Please check the chat page for any necessary changes to the schedule. Meanwhile, search the chat transcripts for answers to your questions.
©MurthyDotCom
MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys.
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MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY!
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8. Important Processing Times and Dates
©MurthyDotCom
Processing Times : For links to processing times for the USCIS Service Centers, district (or local) processing times, the Administrative Appeals Office, Department of State visa bulletin, and Department of Labor dates for the processing of labor certification applications.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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