Murthy Immigration Podcast

The topic of this teleconference in our series for employers and their representatives is pursuing PERM labor certification in light of recent U.S. Department of Labor (DOL) trends. The session describes the impact of the DOL's increased scrutiny of PERM recruitment and recent decisions from the Board of Alien Labor Certification Appeals (BALCA). Murthy Law Firm Attorneys discuss strategies for handling prevailing wage determinations and properly documenting recruitment in order to prepare a strong case for labor certification.

Our April 2012 teleconference is a unique topic for employers and their representatives as well as company owners, presidents, executives (CEOs, COOs, CTOs, CFOs, and others), plus stakeholders, to benefit from U.S. tax information regarding high-net-worth individuals. This teleconference covers some of the most important matters regarding tax consequences to U.S. employers who hire foreign workers. Discussion includes state and federal income tax and FICA withholding for foreign national workers in various nonimmigrant statuses (H1B, F-1, L-1, J-1, etc), per diem vs. wages, Form 1099 vs. Form W-2, employing workers outside the U.S., and more. Practical tax issues for high-net-worth individuals is also discussed, including the effect of Foreign Account Tax Compliance Act (FATCA) and tax consequences of foreign income for U.S. citizens and green card holders.

The topic our January teleconference in this series for employers and their representatives pursued labor certification (PERM) in the context of a challenging economy. The session described the impact of the Department of Labor's (DOL's) increased scrutiny of PERM cases and recent trends from DOL. Murthy Law Firm attorneys discussed strategies for addressing the offered wages for PERM cases in light of profit losses that employers may be experiencing, how to handle the issue of layoffs, and safeguarding the employer's ability to extend H1B status for employees beyond the six-year maximum.

The topic of our March teleconference in this series offered to employers and their representatives is filing H1B cap cases for fiscal Year 2011 (FY11) and updates on the USCIS's January 8, 2010 memo regarding H1B. In the session, attorneys from the Murthy Law Firm discussed filing requirements and procedures, as well as special issues for H1B cap-subject cases for FY11, especially in light of the new USCIS memo issued on January 8, 2010, regarding the employer / employee relationship in the H1B context.

This teleconference in our corporate series was on the subject of "Beating the Cap & Winning the H1B Lotto - When & How to File Your New H1B Petitions in April 2009." We at the Murthy Law Firm are already preparing H1B Petitions for new workers to be filed in April 2009. Sheela Murthy was joined by attorneys Eunhae Gohng and Khorzad Mehta of our firm, who focused on some of the critical issues that need to be kept in mind when preparing one's first H1B visa. The demand for H1Bs exceeds the supply for the U.S. government's FY2009. What exactly is the H1B "cap?" How does a company sponsor a foreign worker within the rules? What to do with a new worker who might have a gap between the end of a student status and the start of H1B status? These are some of the topics that were covered by our team.

The first teleconference of 2009 presented by the Murthy Law Firm focused on strategies for employers and foreign national employees amidst unfortunate workforce reductions. While the slowing economy is imposing changes, it is important to follow the requirements under immigration law regarding employment reduction and maintenance of status. Attorneys from the Murthy Law Firm discussed how to prepare for and handle reductions in force and other terminations in the immigration law context, both from the employer and employee perspectives. Led by Attorney Sheela Murthy, the January 2009 Murthy Law Firm Teleconference explained some of the nuances and issues for which employers and employees should be watchful in times of increased layoffs.

The February 2009 teleconference presented by the Murthy Law Firm examined how employers can bring on new foreign national employees who have not worked in H1B status previously, or who are now graduating from U.S. universities. Our attorneys discussed the different options that may be available for employing a foreign national in F-1 status, upon his/her earning a U.S. degree, as well as concerns regarding transition into the workforce. Led by Attorney Sheela Murthy, the February 2009 Murthy Law Firm teleconference discussed some of the requirements of Optional Practical Training (OPT), as well as the OPT STEM extension option and the nuances that arise when a company asks USCIS to change a foreign national's status in the H1B visa program.

This teleconference series specifically addresses the concerns of employers, enabling them to better help their employees going through the immigration process. In March, attorneys at the Murthy Law Firm focused on changes introduced to PERM Labor Certification and H1B Labor Condition Application (LCA) forms by the U.S. Department of Labor (DOL). Employers will experience major changes when the new forms are required and with the DOL's new iCert portal for submission. It is important to understand changes that have been made to the questions on the forms. Led by Attorney Sheela Murthy, our attorneys will explain the new LCA Form 9035 and the PERM Form 9089. They will draw distinctions from the current versions, so that employers will be apprised of how they must comply with program rules and regulations.

In our June 2009 teleconference, attorneys from the Murthy Law Firm discussed various employment-based immigration options. These included EB1 Priority Workers (Extraordinary Ability, Outstanding Professor or Researcher, Multinational Executive or Manager), EB2 Members of the Professions Holding Advanced Degrees and Aliens of Exceptional Ability, National Interest Waiver, EB3 Skilled Workers, Professionals and Other Workers, EB4 Special Immigrants, and EB5 Investor. This teleconference was replayed for the general public on June 17, 2009.

The topic of this teleconference was successful adjustment of status (AOS) applications for employment-based (EB) immigration, including current and potential issues with cases filed during the June and July 2007 VisaGate period, AC21 portability, and I-140 revocation, the nature and the movement of priority dates, and general I-485 filing strategies and procedures. Due to the popularity of this topic, the teleconference was replayed for the general public on July 15, 2009.