MurthyBulletin VOL. XV, no. 43; Oct 2009, week 4 Posted : Oct 23, 2009 . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . TOPICS in this Edition of the MurthyBulletin : 1. Broad Overview : Employers Face Changes in Immigration Enforcement Climate 2. Complaint Against Recruiter of Foreign Teachers 3. Report from Our Affiliate Office in Chennai, India 4. Reminder : Murthy's Corporate Teleconference - Wed, Nov 04, 2009 5. MurthyDotCom : Did You Know about Our Legislation Page? 6. Important Processing Times and Dates . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . 1. Broad Overview : Employers Face Changes in Immigration Enforcement Climate ©MurthyDotCom In the months since the Obama Administration took office, the immigration enforcement climate has changed dramatically. The changes have been brought about partly by the economic downturn, and partly by the new administration’s desire to substantially revise Bush-era immigration policies. On the economic front, rising unemployment and the scarcity of new jobs have put increasing pressure on the Obama Administration to vigorously enforce immigration laws, in an effort to protect the U.S. workforce. ©MurthyDotCom At the same time, the Obama administration is at pains not to repeat the controversial enforcement practices of the prior administration. The prior practices were typified by the May 2008 raid on Agriprocessors, Inc., a kosher meatpacking firm in Postville, Iowa. In that raid, the U.S. Department of Immigration and Customs Enforcement (ICE) arrested 389 undocumented workers. Many of these undocumented workers agreed to be deported as part of a plea bargain, after being criminally charged with aggravated identity theft for their use of false documentation to secure employment. ©MurthyDotCom Controversy of Holdover Policies ©MurthyDotCom The Agriprocessors case remains controversial, here and abroad, for what many perceived to be heavy-handed enforcement techniques, which appeared to favor speed over due process. President Obama disagrees with this approach, and his administration is currently overhauling the immigration-enforcement system, shifting away from Bush-era prosecutions of individual workers arrested in workplace raids, to investigations and prosecutions of the employers who hire undocumented workers. ©MurthyDotCom What Precisely Has Changed? ©MurthyDotCom With immigration reform efforts stalled for the moment, pending the outcome of the health care debate, changes to immigration enforcement are taking place at the agency level, rather than through legislative restructuring. Three key agencies have made administrative changes that could have important consequences for employers relying on foreign workers. This analysis is made available as a service to MurthyDotCom and MurthyBulletin readers, so they may make the necessary adjustments. ©MurthyDotCom ICE Focus on Employer I-9 Compliance At ICE, there is a new emphasis on employer compliance with I-9 requirements. Under long-standing I-9 procedures, employers must ensure that each worker on the payroll has documented his/her U.S. employment authorization. Enforcing employer compliance has become a cornerstone of ICE’s strategy to reduce the number of undocumented workers in the United States. ©MurthyDotCom DOL Focus on LCAs ©MurthyDotCom At the U.S. Department of Labor (DOL), although the underlying law hasn’t changed, DOL is changing its approach to enforcement. The DOL is intensely scrutinizing compliance with the terms of the labor condition applications (LCAs) that employers must obtain before hiring foreign employees under the H1B program. The LCA is intended to assure that the foreign national’s work in the U.S. will not harm the wages or working conditions of U.S. workers. ©MurthyDotCom USCIS Hones in on H1B Applications ©MurthyDotCom For its part, USCIS is now giving heightened scrutiny to H1B applications, with a greater role for the Fraud Detection and National Security division (FDNS), which is now well-funded and active. In 2005, Congress imposed a $500 Fraud Prevention and Detection Fee that H1B and L visa applicants must pay when seeking their initial visas. Under the Bush Administration, these fees were collected to support FDNS and its mission, to investigate fraud in the H1B system. Until recently, FDNS has been behind the scenes, playing what appears to have been a relatively small role in federal immigration enforcement. Financed with fees collected during the Bush years, but up to now, mostly unspent, FDNS has become an active force in the DHS’s immigration enforcement efforts. ©MurthyDotCom Coordination Between Agencies ©MurthyDotCom Along with enhanced enforcement at ICE, DOL, and USCIS, the agencies are increasingly coordinating their efforts and pooling resources to give more searching examination of LCA and H1B applications, wage and hour requirements, and I-9 compliance. The stakes are considerable for employers who find their companies under investigation. Employers are required to cooperate with ICE and provide access to the I-9 records of their companies. In the event that ICE discovers problems in the course of an I-9 compliance investigation, an employer may be required to take corrective action to remedy deficiencies in its I-9 procedures. Violations can lead to civil penalties, including fines for each violation found, and also may lead to criminal penalties. One investigation of an employer can trigger other agency investigations and increased scrutiny of petitions filed with the USCIS, originating from that employer. ©MurthyDotCom Conclusion ©MurthyDotCom Given the new focus of immigration enforcement efforts, employers must take special care to comply with the many requirements imposed by federal immigration law. The best insurance against an investigation, and potential penalties, is to be prepared, taking steps now to shield your company from problems in the future. The experienced attorneys at the Murthy Law Firm stand ready to advise you, both on day-to-day compliance matters and in the unfortunate event of an investigation. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 2. Complaint Against Recruiter of Foreign Teachers ©MurthyDotCom In many jurisdictions throughout the United States, school districts are dealing with staffing shortages by hiring teachers from overseas. Typically, these positions involve science, math, and foreign language teachers. The H1B category is often utilized for such teachers. This is absolutely a permissible and legitimate manner for schools to meet their unmet needs. However, school districts, as with all other employers, need to be careful regarding the source of such employees. As reported by National Public Radio (NPR) on October 2, 2009, several school districts in Louisiana hired teachers from the Philippines via a recruiter, Universal Placement International. A summary of that report follows. ©MurthyDotCom Recruiter Demands Fees and Portion of Future Earnings ©MurthyDotCom According to NPR, the teachers’ union, the Louisiana Federation of Teachers (LFT), recently filed a compliant alleging that Universal Placement not only demanded that foreign teachers pay up to $15,000 in fees for visa applications and related formalities, it also insisted they pay 10 percent of their monthly earnings for two years. Citing documents filed with the State of Louisiana, NPR reported that Universal Placement aggressively pursued teachers who failed to keep up with these payments. ©MurthyDotCom Interviewed by NPR, the president of the LFT said that H1B teachers who complained were threatened by the recruiter with the possibility of losing their jobs. This put them under extreme duress: no job, no status, and a mountain of debt to repay upon their return to the Philippines. ©MurthyDotCom Recruiters May Provide Valuable Service or May Take Advantage ©MurthyDotCom The article notes that hiring foreign teachers under the H1B program has become increasingly widespread as school districts scramble to find qualified teachers in particular fields. Many school districts turn to recruiters to meet these needs. The fees paid to the recruiter by the teacher can be significant, as would be the case with most placement or recruitment firms. As the NPR report makes clear, however, some recruiters move beyond standard business practices to taking advantage of the vulnerabilities of immigrant workers. Employers and others using these types of companies must look out for warning signs, such as a lack of transparency or questions not answered fully or forthrightly. ©MurthyDotCom Not all recruiters are alike, and many provide a valuable service by connecting job seekers with employers, at reasonable fees. Indeed, as one recruiter noted in the interview, foreign teachers often are willing to pay the fees to find employment in the United States, because it would be difficult for them to do on their own. ©MurthyDotCom Conclusion ©MurthyDotCom Whether one is a teacher seeking employment in the United States, or a school district representative seeking to fill vacancies, it pays to be absolutely clear about the terms of the recruiter’s contract. The contract terms, particularly those relating to fees and payment, should be carefully reviewed and considered before signing. The Murthy Law Firm can assist with the immigration of foreign teachers for school districts that choose this route to deal with unfilled positions. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 3. Report from Our Affiliate Office in Chennai, India ©MurthyDotCom The Murthy Law Firm receives periodic reports from Murthy Immigration Services, Pvt. Ltd. (MISPL) in Chennai, India. The following may be of special interest to MurthyDotCom and MurthyBulletin readers from southern India. ©MurthyDotCom U.S. Immigrant Visa Applicants from A.P. May Complete Medicals at Hyderabad ©MurthyDotCom A recent update on the U.S. Consulate General, Hyderabad's website indicates that U.S. immigrant visa applicants from Andhra Pradesh (A.P.) may complete their medical examinations at Hyderabad. It is also indicated that the consulate has retained one Dr. Raj Kumar Songa to conduct the medical examinations and that Dr. Raj Kumar Songa has entered into an arrangement with Vijaya Diagnostic Center in Himayathnagar for the diagnostic services. ©MurthyDotCom Virtual Consulate Established At Bangalore, India ©MurthyDotCom The first virtual consulate in India was established recently. The American corner in Bangalore is a result of a partnership between the Public Affairs Section of the U.S. Consulate, Chennai and Bharatiya Vidya Bhavan, Bangalore. This information is available on the website cited above. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 4. Reminder : Murthy's Corporate Teleconference - Wed, Nov 04, 2009 Topic : Consular Processing H1B/L-1 Nonimmigrant Visas and EB Immigrant Visas ©©MurthyDotCom The topic of this teleconference in our series for employers and their representatives is an overview of consular processing for H1B/L-1 visas as well as for employment-based (EB) immigrant visas. The session will also address some consular matters specific to employees of IT consulting companies. As many employees are now planning to travel during the holiday season, this is a timely discussion for employers who may be concerned about their employees' consular processing. Attorneys from the Murthy Law Firm will discuss basic requirements for consular processing, special issues for IT consulting companies, and some of the most frequently asked questions about consular processing. ©MurthyDotCom Employers and their representatives : register for Nov 04, 2009 here.  ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 5. MurthyDotCom : Did You Know about Our Legislation Page? ©MurthyDotCom At the Murthy Law Firm, we are often asked questions indicating that there is confusion surrounding proposed legislation and new laws. We have a Legislation Page on MurthyDotCom, where we clarify these matters for our readers. We also provide an article on How a Bill Becomes a Law and instructions for contacting your congressional representatives,  so that our readers may understand and become involved in the legislative process. ©MurthyDotCom MurthyChat : Because Attorney Murthy has other obligations for the remaining Mondays in October, the next MurthyChat session will be Monday, Nov 02, 2009, 9-9:30pm Eastern Time (U.S.). In response to your requests, we will then return to providing the MurthyChat EVERY MONDAY night. 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. ©MurthyDotCom MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY! ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 6. 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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