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					              FEBRUARY 2009 NEWSLETTER




The issues of I-9 compliance and worksite raids
just won't go away. Consider: USCIS has
proposed changing the list of acceptable
documents; the new attorney general has
recommended expanding certain enforcement
efforts. In response, we will host another seminar
on I-9 compliance and worksite raids. If you have
not had an opportunity to attend one of our
seminars, you should now. As one client said:
“This seminar turns complicated subjects into
simple and understandable information. You will
leave the seminar feeling confident!”

We will host this seminar on March 11, 2009, from
9:00 a.m. to 11:00 a.m. The cost is $50.00. To
register, please contact our office. Emma or
Tiffany will be happy to put your name on the list.




              April 1, 2009, is the deadline to submit an H-1B petition
              under the yearly cap for professional workers. Once again,
              we expect the USCIS to hold a lottery, as there will likely be
              many more applicants than Congress has allotted visa
              numbers. If your company is interested in hiring new
              professional workers, please contact us as soon as
              possible to ensure your petitions are filed by the April 1st
              deadline.

              REMINDER: No benching. We realize these are difficult
              economic times for some businesses. If you think you
              need to interrupt H-1B employment, contact one of our
              lawyers to discuss appropriate methods and strategies that
              will protect your company and your H-1B employee.

                2100 West End Ave., Ste. 935 • Nashville, Tennessee • 37203
               www.roseimmigration.com • T: (615) 321-2256 • F: (615) 329-4390
                                              Foreign nationals who serve honorably in the
                                              U.S. military during time of war are eligible for
                                              accelerated U.S. citizenship processing. Until
                                              recently, this rule only applied to Lawful
                                              Permanent Residents. Now, under a new
                                              program, certain doctors, nurses, and foreign
                                              language specialists may join the Armed
                                              Forces, even if they are not U.S. permanent
                                              residents. This program is designed to help
                                              alleviate the chronic shortage of doctors,
                                              nurses and linguists available for wartime
                                              duty.

To be eligible under this program, an applicant must have lived legally in the U.S. for
at least two years and not have traveled abroad for more than 90 days in the two
years prior to enlistment. Doctors and nurses would be required to serve at least
three years of active duty, or six years in the Selected Reserve; language specialists
would be required to serve four years of active duty. In return for their military
service, these new recruits would receive accelerated treatment in citizenship
processing.

Our law firm cannot determine if your foreign national employee qualifies for
recruitment into the U.S. military. But we can evaluate with your employee the pros
and cons of this immigration option.


U S CI S DE L AY S RU L E C H AN G I N G LI S T O F DO C UM E NT S
 AC C E P T AB L E T O V E RI FY EM P LO YM E N T E LI G I BI LI T Y
   Under an interim final rule, USCIS amended the types of documents
   employers may accept for I-9 verification purposes.           Of particular
   significance, employers will no longer be able to accept expired documents
   to verify employment authorization on the Form I-9, even if the expired
   document grants permanent work authorization. For example, an employer
   would no longer be able to accept an expired permanent residence card,
   despite the fact the bearer of the card is in fact a U.S. Lawful Permanent
   Resident who perhaps has not yet received his new card due to government
   processing delays.

   Implementation of this rule has been postponed
   until April 3, 2009. This will provide USCIS an
   opportunity to further consider the impact of the
   rule and allow the public to submit comments to
   the government. Our law firm will submit a
   comment opposing the rule. If you have an
   opinion and would like us to include your
   comment, contact one of our lawyers to discuss
   your ideas. For more information on the rule, go
   to: http://www.regulations.gov.


                     2100 West End Ave., Ste. 935 • Nashville, Tennessee • 37203
                    www.roseimmigration.com • T: (615) 321-2256 • F: (615) 329-4390
Federal contractors and subcontractors will be required to begin using the U.S.
Citizenship and Immigration Services E-Verify system starting May 21, 2009, to
verify their employees’ eligibility to legally work in the United States. Under an
amended Executive Order, federal contractors must use E-Verify to confirm the
employment eligibility of all persons hired during a contract term, and must
confirm the employment eligibility of current employees who perform contract
services for the federal government within the United States.




                                            According to a final rule effective
                                            December 30, 2008, Malta has been added
                                            to the list of countries whose nationals
                                            may enter the United States without visas
                                            for up to 90 days.       The visa waiver
                                            program now includes 35 countries. As a
                                            reminder to your business associates who
                                            might enter the U.S. on visa waiver, pre-
                                            registration is now required prior to travel
                                            to the U.S. on visa waiver. The registration
                                            period can take several days, so business
                                            travelers need to plan ahead in ways they
                                            had not done previously.




 Employers of religious workers need to look further into the future when
 planning to assign a foreign minister or other religious worker to one of its
 churches or facilities in the U.S. Under a new rule, religious organizations
 must obtain a petition approved by USCIS prior to the worker applying for
 an R-1 visa.     This differs from previous procedures whereby religious
 workers could apply directly to the U.S. consulate for an R-1 visa. The
 government will also conduct a site visit to verify the existence of the
 religious organization. Premium processing will not be allowed for these
 petitions, so processing could take several months. After the site visit and
 approval of the petition, the religious worker can then apply for a visa
 abroad. The site visit rule also applies to immigrant visa petitions. In other
 words, employers petitioning for permanent residence for religious
 workers also will be subject to an in-person site visit prior to approval of
 the petition. This will delay processing of immigrant petitions as.

                   2100 West End Ave., Ste. 935 • Nashville, Tennessee • 37203
                  www.roseimmigration.com • T: (615) 321-2256 • F: (615) 329-4390
                          U.S. Lawful Permanent Residents will now be
                          required to undergo U.S. VISIT procedures when
                          entering the U.S., as are nonimmigrant visitors.
                          U.S. VISIT involves biometric identification of
                          travelers, including ten fingerprints and a
                          photograph.




       The Department of Labor advises its average processing time for regular labor
       certification applications is now approximately 12 months, while cases subject to
       audit are taking approximately 18 months. The PERM program was intended to speed
       up labor certification processing, with an adjudication goal of 90 days. The
       government has therefore lapsed into a substantial backlog that seriously impacts
       employers and their foreign national workers. We urge you to speak with one of our
       attorneys if you plan to sponsor a worker for permanent residence so we can develop
       an appropriate strategy to deal with this government backlog.
FIRM


FI
        The new Secretary of the Department of Homeland Security is
        Janet Napolitano, the former governor of Arizona.        Ms.
        Napolitano is a widely regarded expert on border and
        immigration issues and was able to reach a middle ground on
        legislation in her home state of Arizona. We are hopeful Ms.
        Napolitano will implement positive developments within the
        agency in 2009!




        •   Congratulations to Rose Paxtor, who successfully co-counseled with Linda Rose
            on a recent deportation case. This was Ms. Paxtor’s first immigration trial and
            resulted in a grant of permanent residence for our client.
        •   Linda Rose was once again named among the top 150 lawyers in Tennessee as
            an accomplished attorney in the field of immigration.
            http://www-businesstn.iproduction.com/pub/5_1/features/8419-5.html#IMMIGRATION
        •   Linda Rose authored an article title “The ‘Key’ to Immigration for Musicians”
            which was published by Bender’s Immigration Bulletin, a distinguished
            immigration treatise. If you would like a copy of this article, please contact us.
        •   Client service to the utmost: Linda recently returned from a trip to Ghana where
            she spent two weeks with our Ghanaian clients who are members of an
            internationally known African dance and music troupe.


                            2100 West End Ave., Ste. 935 • Nashville, Tennessee • 37203
                           www.roseimmigration.com • T: (615) 321-2256 • F: (615) 329-4390

				
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