Travel Advisory: Delays Due to Icelandic Volcano Eruption (04/17/2010)

If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:

If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:

1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;

2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.

Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.

If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the link called “USCIS – Extend My Stay”.

While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.

Travelers should continue to contact their airline for information about flight schedules, delays and cancellations. If airlines have questions about the situation, they can contact their Regional Carrier Liaison Group (RCLG). The Miami RCLG can be reached at (305) 874-5444.

Executive Summary April 15, 2010
Listening Session – Impact of H-1B Memo on the Healthcare Industy
Background.

On March 26, 2010, the Office of Public Engagement (OPE) hosted a listening session with medical
professionals and legal practitioners who represent medical professionals. The purpose of the session was
to understand the implications of the January 8, 2010 H-1B memo, which provides guidance on
determining if a valid employer-employee relationship exists, on the healthcare industry. The session
presented stakeholders with an opportunity to explain the potential effect of the memo on the industry and
to inform the Agency of suggestions to revise or clarify existing guidance.
Principal Themes
• Structure of Physician Employment
The stakeholder community stressed the necessity of H-1B status for physicians. They explained that
many physicians first enter as J-1 visa holders to work in underserved areas and then must convert to H-
1B status. Many physicians who are required to work in underserved areas may be the only medical
provider in the area. Moreover, some states have laws that prohibit hospitals from being direct employers
of the physician. Therefore many physicians may be self-employed and unable to qualify for H-1B status
pursuant to the memo. Stakeholders claim that this reliance on the H-1B and the impact of the memo
adversely affects U.S. health care.
The stakeholders further explained that the general structure of physician employment is through a
physicians group who is the responsible party and who exercise control of the employee/physician. The
physicians group operates much the same as a staffing company. However, the stakeholders expressed
that physicians work more independently and are often not being supervised by groups that employ them.
This scenario is the dominant model. The stakeholders asserted that, under the existing guidance, the
physician cannot be supervised by the “end client”. However, in this scenario, the hospital is the “end
client” and does exercise some control over the physicians’ employment.
• Staffing Model
The stakeholder community expressed concern with the impact that the guidance poses on the staffing
model that is used to place health care professionals in the United States. Stakeholders reiterated that
several large states, including Texas and California, have laws which prohibit a hospital from being a
direct employer. Additionally, the existing staff model also allows the industry to address the challenge
of placing physicians and other medical professionals in underserved areas. For example, stakeholders
indicated that many emergency rooms outsource to staffing companies who provide physicians and can
meet the immediate needs of a hospital.
Many stakeholders also emphasize that, under the current model, staffing companies control the
employment of healthcare personnel but do not handle day to day supervision. They argue that the nature of the business makes on site supervision extremely difficult. Examples of this include: a physician who rotates between several different facilities during his or her residency; a home health care aide where no
one is present on site to supervise the clinical duties; and a group practice where the staffing company
exercises some level of control but also does not provide on site supervision.
Stakeholders stated that if the “right to control” is required, this contradicts the current regulations.
However, if the right to control is not the primary requirement, the memo needs to provide greater
specificity that this is only one of the elements considered in determining the employer-employee
relationship. Stakeholders proposed that other elements of control be considered including: who pays
malpractice insurance; whether or not the IRS legally recognizes the relationship as a valid employeremployee
relationship; and who controls hiring/firing. It was also suggested that the memo, as currently
written, invites adjudicators to make ad hoc decisions on level of control which leads to inconsistency in
adjudications.
• Individual Professions
Stakeholders asserted that different professions have different levels of inherent control, such as doctors
and lawyers. These individuals are employed within “individual professions” which require that they
exercise independent ethical judgment. Stakeholders suggested that perhaps the memo needs to outline
additional control factors that define the employer-employee relationship. This clarification would include
such elements as whether or not the employee is within a licensed profession that is controlled by certain
ethics rules.

The USCIS introduced a 16-minute video on the naturalization process including the eligibility requirements, application process, preliminary steps, interview, English tests and U.S. history and government test (civics).

The video includes two simulated interviews.

Kudos to the USCIS for this important and user-friendly resource.

YOU CAN VIEW THE VIDEO BY PASTING THIS LINK INTO YOUR BROWSER:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=76574bbe6cb97210VgnVCM100000082ca60aRCRD&vgnextchannel=d6369ddf801b3210VgnVCM100000b92ca60aRCRD

NEW USCIS BROCHURE: Immigration Options for Victims of Crimes
M-779 (2/10)

Immigration Options for Victims of Crimes: Information for Law Enforcement, Healthcare Providers, and Others; Violence Against Women Act; U Nonimmigrant Status; T Nonimmigrant Status

READ IT HERE AT:

http://drop.io/uscism779

Creative Solutions to Complex Problems

When traditional immigration approaches do not work, we analyze a candidate’s resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.

Contact Us

Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.

To schedule a consultation, please feel free to contact Nachman & Associates by e-mail at info@visaserve.com or call us at 1-201-670-0006 (x100).

Legislation is on a fast track in the State of New Jersey Assembly would increase the level of criminality of practicing law without a license in New Jersey and create a civil cause of action for victimized clients. The bill, A-1050, backed by the State Bar Association and with no vocal opponents, would upgrade the unauthorized practice of law to a third-degree crime, punishable by a prison term of between three and five years and a $15,000 fine.

The Assembly Judiciary Committee voted 6-0 on March 8th to recommend passage of the bill, aimed largely at notaries public that offer legal services to Hispanic immigrants. In some Latin American and Caribbean countries, the term “notario” or “notario publico” signifies an attorney.

The civil-action provision would allow a court to award damages in an amount of $1,000 or three times the value of all costs incurred by the victim as a result of the criminal activity, whichever is greater, along with counsel fees and costs.

DHS Inspector General Report Exposes Abuses in State & Local Immigration Enforcement

FOR IMMEDIATE RELEASE: Wednesday, April 1, 2010

DHS Inspector General Report Exposes Abuses in State & Local Immigration Enforcement. AILA Calls upon Secretary Napolitano and Congress to End the 287(g) Program

WASHINGTON, DC – Today the Department of Homeland Security Office of Inspector General issued a comprehensive report confirming civil rights abuses in a federal program that “deputizes” state and local law enforcement agencies to enforce immigration law. The Inspector General tells of local officers arresting individuals who have committed no offense – including even victims – for the sole purpose of identifying whether they have lawful immigration status.

“Nothing is more debilitating to American values than abuses committed by local police who are the very essence of law enforcement and protection of our communities,” said Bernie Wolfsdorf, President of the American Immigration Lawyers Association (AILA). In one case, a supervisor recounted how a state highway patrol officer transported an accident victim to a jail to determine the victim’s immigration status. The officer did not take him to a hospital. The victim was not even brought to the jail to be charged with a state crime. The sole -and improper–purpose of the officer’s actions was to determine whether the victim was deportable. “Abuses like this severely undermine communities’ faith in those charged with protecting us and keeping our streets, communities, and businesses safe.”

“Many think demagogues like Sheriff Joe Arpaio of Arizona are the exception to the rule, but we now know that such abuses are happening elsewhere and with the permission of the federal government,” said Wolfsdorf. The Inspector General found that, under this deputizing program, some local police have launched operations with the aim of detaining individuals for minor offenses and violations of local ordinances so they could identify unauthorized immigrants. Police apprehended immigrants even when they had no prior arrests on state or local charges. The federal report confirms what community groups have known for years: that officers arrest individuals for minor offenses, such as fishing without a license or driving with broken taillight, as a pretext to initiate deportation proceedings.

Under section 287(g) of the Immigration and Nationality Act, state and local law enforcement agencies, acting under federal supervision, may assume federal immigration enforcement powers. This delegation of immigration enforcement power must be executed through formal written Memoranda of Agreement between the federal government and the local authority. The memoranda require state and local officers to abide by federal civil rights laws. The Inspector General found widespread lack of adequate training, guidance, monitoring or oversight. “The federal government has failed in its duty to train and supervise local officers. This program has turned local police into agents of fear within law-abiding communities,” said Wolfsdorf. “Immigration lawyers hear reports everyday that immigrants are afraid to talk to the police and to report crimes. Through this program the federal government is undermining the ability of local authorities to ensure all Americans’ safety and security.” The report also noted that Immigrations and Customs Enforcement (ICE) failed to provide accurate information about the program to Congress and the public. AILA urges Secretary Napolitano to terminate immediately the entire 287(g) program and calls upon Congress to end its funding.

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Consider doing an internal Form I-9 audit or an external audit performed a representative of our office! Immigration and Customs Enforcement (”ICE”) announced on July 1st, 2009 that it will send audit letters to 652 businesses throughout the U.S. to determine whether they are complying with employment verification laws and regulations.

The ICE News Release states: “Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.”

The 652 businesses being presented with a Notice of Inspection. Apparently, an I-9 audit may have been selected for inspection as a result of leads and information obtained through other investigative means. ICE further states: “Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.” The ICE Release can be viewed at http://www.ice.gov/pi/nr/0907/090701washington.htm

Our office is in the process of assisting several employers with these audits and it appears that, for many, the receipt of information from the U.S. Social Security Administration or the State Department of Labor may be the genesis of the investigation.

For more information on the I-9 Audits, the Employment Verification Process or prearing a response to a Notice of Investigation from ICE, please visit the ICE website at www.ice.gov or contact our offices at www.visaserve.com. You can also call us at 201-670-0006 (x107).

The United States is a nation of immigrants. We continue to maintain a dominant position among the nations in the world because of the hard work of skilled and unskilled foreign national workers who continue to bring their unique skills and talents. Immigration to the United States provides an opportunity for the exchange of cultures and traditions and allows us to be competitive with the other dominant countries of the world. By favoring highly-skilled workers in the immigration process, the U.S. is able to remain on the cutting-edge of the worldwide brain drain. Highly-skilled professional and specialty occupation workers that come to our shores (researchers, scientists, doctors, engineers, teachers, etc.) continue to build important economic infrastructure that strengthens our tax base and revitalizes our floundering social systems. Restrictive immigration policies should be directed at hardened criminals and pronounced terrorists and those seeking to do harm to our nation. The immigration lawyers on the Visaserve Team at Nachman & Associates, P.C. provide prompt and personal immigration law services to and from the U.S. and “work hard each day to save the world one person at a time”. Visit us on the web at www.visaserve.com or call us at 201-670-0006 (x100).

Naturalization: Are You Eligible and Should You Apply?

Presented by: Victoria Donoghue, Esq.

Rights of Citizenship

• Ability to petition for the permanent residence of parents, children and spouse with no backlog
• Ability to bestow USC on child born abroad
• USC cannot be placed in removal proceedings
• Right to vote, hold office, and serve on juries
• Right to live abroad indefinitely

Liabilities of Citizenship

• May lose citizenship in native country
• Could highlight a ground for removal
• May lose property owned in home country

Eligibility for NATZ by Application

• Must be LPR
• Must be at least 18 years old
• Must be a resident continuously for 5 years subsequent
to LPR status (3 years if married to USC)
• Must have resided for at least 3 months in the state in which the petition is filed
• Must be physically present in the US for at least ½ of the 5 yrs
• Must reside continuously within the US from the date the application is filed up to the time of admission to CITZ
• Must not be absent from the US for a continuous period of more than one year during the period for which continuous residence is required
• Must be a person of good moral character for 5 yrs
prior to filing
• Must be attached to the principles of the US Constitution
• Must be willing to bear arms for the US
• Must not be otherwise barred (subversive, communist, etc)
• Must be able to satisfy the Civics and English language requirement

Continuity of Residence

• An absence of < 6 months does not break the alien’s continuity of residence for NATZ purposes
• An absence of 6 months or more but < 1 year breaks the continuity of the alien’s residence for NATZ purposes absent a reasonable explanation (like an oversees assignment with a US employer)
• An absence of 1 yr or more automatically breaks the continuity of the alien’s residence for NATZ purposes, unless the alien takes steps prior to the expiration of the yr to preserve the continuity of residence
Avoiding a break in the continuity of residence
• The result of a break in the continuity of the alien’s residence is that the alien must start all over again to accumulate the 5 yrs upon returning to the US
• Ways to avoid a break:
– Return to the US every 6 months or every yr if there is a reasonable explanation for the absence
– Apply for extended absence benefits (N-470) to preserve continuity of residence. Note: Unless the alien is a government employee, he still must be actually physically present in the US for at least ½ of the 5 year period

N-470 Eligibility Requirements

• Alien must be physically present and residing in the US as a LPR for an uninterrupted period of one yr prior to the absence
• Must be employed abroad by the US gov’t, a US research institute, a US corporation or mjty owned subsidiary, or an international organization
• Must request extended absence benefits before the alien has been absent from the US for one year
• The absence must be in furtherance of overseas employment

Reentry Permit

• Alien can also request an I-131 request for a reentry permit along with the N-470
• The purpose of the reentry permit is to maintain lawful permanent residence status. If the client wants to make sure to maintain continuous residence for NATZ purposes, he/she must also file an N-470.

Good Moral Character (GMC)

• An individual must be of good moral character for the requisite 5 yrs (or 3 yrs if married to a USC) prior to filing a NATZ application and up to the time of admission as a USC. This is called the “statutory period.”

People who are NOT of GMC

• Habitual drunkards
• Certain individuals are inadmissible under 212(a)(2)
• One who’s income is derived principally from gambling
• One who has given false testimony to obtain a benefit under the INA
• One who is convicted of an aggravated felony
• One who has committed genocide or torture
• One who has been imprisoned (after a conviction) during the “statutory period” for an aggregated period of 180 days or more
• One who has voted unlawfully or made a false claim to USC

Grounds of Inadmissibility Under INA § 212 (a)(2)

• Conviction or admission to the essential elements of crimes of moral turpitude (CIMT)
• Conviction or admission to the essential elements of controlled substance violations
• Multiple criminal violations
• Trafficking in controlled substance
• Prostitution and commercialized vice
• Smugglers of aliens
• Practicing polygamists

THESE ARE ALSO GROUNDS OF REMOVAL!

What is a CIMT?

• Not defined in the act- no exhaustive list
• Conduct which is inherently base, vile, depraved or contrary to accepted rules of morality
• Felonies and Misdemeanor
• Criminal statute must be examined

Exceptions to CIMT

• Petty Offense
• Juvenile Offenders
• Purely Political Crimes

Nonstatutory/Discretionary GMC Grounds

• Nonsupport of dependents
• Homosexuality- But cannot be only basis for
baring NATZ
• Adultery tending to destroy an existing marriage
• Knowing & willful failure to register with selective service between 18-26 within statutory period
• Drunk driving
• Other bad acts showing poor moral character

Civics & English Language Requirement

• NATZ applicant must demonstrate:
– An elementary level reading, writing and understanding of English
– A knowledge and understanding of the fundamentals of US history & government

Proof of Civics & English Knowledge

• All NATZ applicants must pass an examination. At the examination, the CIS examiner will do 3 things:
– Go over the NATZ application in detail, questioning about any problems such as an arrest
– Gauge the alien’s ability to understand and respond to questions (alien will be asked to write a sentence).
– Test the alien’s knowledge of US gov’t & history through the use of standard questions on the subject
• If the alien does not pass, a second examination will be scheduled within 90 days

Exceptions to English Language Requirement

• Persons over 50 and living in the US for 20 yrs subsequent to becoming a LPR
• Persons over 55 and living in the US for 15 years subsequent to becoming a LPR
• Special consideration in determining the knowledge requirements to persons over 65 with 20 yrs as a LPR (a test of 10 questions in the person’s native language where only 6 need to be correct)
• Physically/developmentally disabled or mentally impaired including:
• Individuals with Alzheimers, Parkenson’s Disease, senile dementia or a related disability

Disability Waivers

• Must establish a physical or developmental disability or mental impairment
• A medical doctor, osteopath, or clinical psychologist “experienced in diagnosing” these disabilities must complete an N-648 to be filed with NATZ application
• Even with a disability waiver the applicant still must meet the moral character, residence, and other NATZ requirements
• However, the oath can be waived if the person is unable to understand or communicate the meaning of it.

Designated Representative

• A representative of a person who is developmentally or physically disabled or suffering from mental impairment can complete the N-400 exam (including the oath) by attesting orally and submitting documentation that the applicant qualifies for NATZ
• Representative may be a legal guardian, surrogate, USC spouse, parent or adult sibling
• An MD, osteopathic doctor, or clinical psychologist must provide an evaluation attesting to the impairment and the ability to take the oath

Redesigned NATZ Exam

• In the past, the NATZ testing process and test content varied in each USCIS district office
• CIS revised the process to ensure uniformity
• CIS began administering the new test in October 2008
• Applicants will still have 3 chances to read & write a sentence. However, the study material will include a civics-based vocabulary list
• Sentences will focus on civics and history instead of broad range of subjects
• Civics questions will be drawn from a new list of questions

Adjudications of N-648

• CIS will look for:
– A complete description of the medical diagnosis
– An explanation of how the disability affects the applicant and prevents him from learning or demonstrating knowledge of English/Civics
– The MD’s conclusion with a focus on the nexus between the disability and the applicant’s ability to learn or demonstrate knowledge of English/Civics
– CIS may request documentation if the interview raises questions about the extent of the disability

CIS MAY NOT SECOND GUESS THE MD

Reasonable Accommodations

• Section 504 of the Rehabilitation Act of 1973 requires the CIS make reasonable accommodations/modifications to make it possible for NATZ applicants to get through the process
• This is the case regardless of whether the applicant has applied for a disability waiver
• Section 504 of the Rehabilitation Act of 1973 requires the CIS make reasonable accommodations/modifications to make it possible for NATZ applicants to get through the process
• This is the case regardless of whether the applicant has applied for a disability waiver

GMC Review

• An individual must be of good moral character for the requisite 5 yrs (or 3 yrs if married to a USC) prior to filing a NATZ application and up to the time of admission as a USC. This is called the “statutory period.”
• However, some criminal activity serves as an absolute bar to NATZ even if in occurred before the statutory period.

Absolute Bars to NATZ

• Aggravated felony convictions that occurred after 11/29/1990 render the person ineligible to establish GMC even when the conviction was before the statutory period
• Convictions for murder, even before 11/29/1990, render the person permanently ineligible to establish GMC

THESE ARE ALSO GROUNDS FOR REMOVAL

Definition of Aggravated Felony

• Murder, rape, or sexual abuse of a minor
• Trafficking in a controlled substance
• Trafficking in firearms or explosive material
• Money laundering
• Crimes of violence w/ an imprisonment term of > 1 yr
• A theft offense w/ an imprisonment term of > 1 yr
• Crimes related to prostitution & child pornography
• Offenses related to national security
• Fraud offenses
• Offenses related to bribery, counterfeiting or forgery
• Perjury

Deportation

• If an individual with a conviction applies for naturalization, and he or she is removable under §237(a) on the basis of that conviction, the NATZ unit may (and usually will) issue a Notice to Appear (NTA), commencing removal proceedings against the individual

ALWAYS MAKE SURE THAT A CLIENT HAS NOT COMMITTED A CRIME SUBJECTING HIM/HER TO DEPORTATION BEFORE FILING A NATZ PETITION

Exceptions to the Normal NATZ

Requirements

• Veterans/Military Service during hostilities
– If a person served in US Armed Forces during hostilities and continues to be in Armed Forces or was honorable discharged- he/she need not be a LPR to naturalize.
– Physical presence and residency requirements inapplicable
– 9/11/2001 to present is a period of hostilities for NATZ purposes
• Veterans/Military Service (not during hostilities)
– If a person served in the Armed Forces for a period aggregating one year (and separated honorably) and if NATZ application is filed during the service or within 6 months after separation, physical presence & residency requirements are inapplicable. No need to be a LPR.
– If person files after 6 months, he/she must be LPR
to naturalize
• Spouses of USC’s- eligible for NATZ 3 yrs after obtaining LPR status (instead of 5)
• Spouses (in LPR status) of USC’s who are assigned abroad by their qualifying US employer (next slide)
are exempt from continuous residence and physical presence requirements. They are permitted to naturalize prior to accompanying their USC spouses abroad
• Must be physically present in US at time of naturalization
• The USC spouse assigned abroad MUST be working for:
– The US government
– An American Research Institute
– A US firm engaged in the development of foreign trade or commerce
– A public international organization that the US is a member of
• Battered Spouses- a victim of domestic abuse perpetrated by a USC spouse is eligible for NATZ after he/she has resided continuously in the US for a period of at least 3 years
• No requirement that the abused spouse be living with the abuser in marital union
• Must have obtained LPR status based on a battered spouse filing, or through AOS or cancellation of removal
• Abusive spouse need not be alive at the time of filing a NATZ petition

Questions?

Please feel free to contact our office if you still have questions:

Victoria_donoghue@visaserve.com
201-670-0006 ext. 101

http://www.visaserve.com

Thank you.

As our economy continues in its downward spiral, company mergers, acquisitions and restructurings (“transactions”) are likely to continue. In general, since a merger, acquisition or restructuring is a “corporate transaction”, the immigration issues often get left in the dust. For this reason, it is important that immigration repercussions that arise from a merger, acquisition or restructuring are considered and that Business Immigration Counsel is brought into the “deal” or arrangement at the appropriate time – earlier rather then later. This is especially the case since Business Immigration Counsel may be able to save money for the parties to the transaction.

Immigration regulations closely tie the employer’s identity, location and ownership structure; any change from the merger/acquisition may immediately invalidate an alien employee’s non-immigrant visa. The loss of non-immigrant visa validity could immediately affect an employee’s work status in the U.S. For example, if a transaction is undertaken and the successor party fails to amend the H-1B petition and/or the underlying Labor Condition Application (the “LCA”) then the H-1B nonimmigrant may be out of status. The U.S. Department of Homeland Security, Citizenship and Immigration Service (“CIS”) has made it clear that there is no “grace period” and that once an H-1B non-immigrant is no longer employed with the H-1B sponsor then the individual is deemed to be out-of-status.

It is for this very reason that Business Immigration Counsel advise employers who are involved in a transaction to be sure to annotate the Public Access File (“PAF”) prior to the transaction so that the successor organization clearly assumes the liabilities of the H-1B nonimmigrants. This “assumption” can be added to the PAF prior to the closing of the transaction and this way there is no requirement that there be amendments to the H-1B be submitted. However, amendments to H-1Bs may be desired by H-1B employees if they will be traveling outside the U.S.

Depending upon an individual’s progress in the green card process, Immigrant Visa Petitions may also be affected. A determination will need to be made as to whether or not the new company owner would be considered to be a “successor-in-interest”. If the organization’s new owner has assumed all of the past owner’s liabilities, then the new owner may qualify as a “successor-in-interest”. If the new company is a “successor-in-interest” then the green card process can be continued by the successor organization. Hence, the new employer would continue with the green card process on behalf of the foreign national employee without having to start the green card process/labor certification/PERM from the beginning.

The third and one of the most important issues with which a business owner or transferor should be concerned is the Form I-9. A “successor-in-interest” can assume the I-9 liabilities of the organization. Failure to comply with I-9 requirements may result in serious sanctions. Therefore, before a transaction is undertaken, an examination of the Forms I-9 of the organization should be conducted through either an audit or a review. If the successor organization does not assume the Forms I-9 of the prior organization then new I-9s can be done for each of the organization’s employees. Such Forms I-9 should be prepared for all employees to avoid any allegation of an unfair immigration-related employment practice such as document abuse or discrimination on the basis of citizenship or nationality.

Immigration repercussions should be considered early on in any transaction. Initially, an analysis of the immigration status of all of the organization’s alien employees and a determination of the form of the corporate change on their status should be considered. Following this analysis, filings of any applications necessary to maintain the employees’ status can be appropriately considered.

In an ongoing attempt to keep HR professionals up-to-date with business immigration law rules and regulations, our office continues to forge strategic alliances with various professional organizations that are able to obtain and provide important information to their members.

When traditional immigration approaches do not work, our knowledgeable and skilled legal team offers many visa options to meet immigration goals. Please feel free to contact us at any of our several office locations, and speak to a member of our staff in one of the 15 languages spoken, English, Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Hindi, Tamil, Italian, Russian, Chinese, and German.

To meet a growing demand for Canadian Immigration Law Services, Nachman & Associates formed a Canadian Division in 2005. Managed by licensed Canadian legal staff and with offices in Montreal and Toronto, as well as New York and New Jersey, our Canadian Division attorneys are in the unique position to assist with cross-border issues.

Nachman & Associates, P.C. is also proud to announce the 2007 formation of a Global Immigration Division to assist clients with immigration services to countries such as the UK, China, New Zealand, Australia, and more. Our Global Division staff is fully equipped to assist with international transfers to and from the United States. If you, or any member of your staff, are interested in receiving more information about with regard to changes in the corporate structure or in connection with a merger or acquisition or layoff or termination. please contact us at 201-670-0006 (x100) or at info@visaserve.com. Feel free to visit us on the web at www.visaserve.com.