Murthy Immigration Podcast

The topic of our November 04, 2009 teleconference in our series for employers and their representatives was an overview of consular processing for H1B/L-1 visas as well as for employment-based (EB) immigrant visas. The session addressed some consular matters specific to employees of IT consulting companies. As many employees plan to travel during the holiday season, this discussion proved timely for employers concerned about their employees' consular processing. Attorneys from the Murthy Law Firm discussed basic requirements for consular processing, special issues for IT consulting companies, and some of the most frequently asked questions about consular processing.

The topic our December 02, 2009 teleconference in this series for employers and their representatives was the role of the United States Customs and Border Protection agency (CBP) in the United States immigration system. The session specifically described potential pitfalls and complications of concern when applying for readmission to the United States after international travel. It also addressed the manner in which these issues can be examined, adjudicated, and resolved by the CBP. As many employees of IT consulting and other corporate entities plan for travel outside the United States during the 2009 holiday season, this was a timely discussion for employers who may be concerned about the orderly readmission of their employees to the United States to continue their critical occupations in the United States. Attorneys from the Murthy Law Firm discussed what constitutes an error on an I-94 card issued by the CBP, how an error can be resolved, and other frequently asked questions about the CBP and how it conducts the orderly admission of arriving non-citizens.

This teleconference presented by the Murthy Law Firm focused on Mergers and Acquisitions (M&A). With rapid corporate changes increasingly common in the current economic climate, the Murthy Law Firm dealt with on some of the key issues that arise in these situations. While each M&A deal has individual traits, the due diligence generally required can include examining I-9 forms and compliance, LCA public access files, and the impact on the continuing employment of foreign nationals. Attorneys at the Murthy Law Firm discussed some of the possible immigration-related effects of different kinds of M&A transactions such as mergers, asset purchases, and spin-offs. Our attorneys discussed why a proactive approach to examining these matters can greatly benefit all parties subject to corporate changes.

Our April teleconference for employers and their agents addressed the interaction of permanent residents, or green card holders, of the United States with immigration law. Our attorneys answered the important questions to help attendees understand some of the rights, obligations, and benefits of permanent residents. New permanent residents, whether with employment- or family-based green cards, may be considering extensive travel outside the United States, eventually applying for citizenship or accepting a professional opportunity abroad. Led by Attorney Sheela Murthy, our attorneys explained the use of reentry permits, the requirements for becoming a U.S. citizen, and some best practices to ensure permanent residence is not only maintained, but that it also can be proven.

The topic of our May session in this teleconference series, specifically addressing the concerns of employers, enabling them to better help their employees going through the immigration process, addressed the H1B process, including: LCAs, wages, public access files, how employers must comply with rules and regulations, types of records that need to be made available and to whom, retention of records, relocating employees, events that can trigger investigations, and recommendations for successfully navigating active Department of Labor investigations.

Our August teleconference, provided an overview of the PERM labor certification process. This teleconference reviewed the standard procedures involved in filing a labor certification case, as well as recent case law developments.

Our October 07, 2009 teleconference continued the look at visits by officers from the USCIS Fraud Detection and National Security (FDNS) Office. Because of the interest in this important matter, attorneys from the Murthy Law Firm furthered their discussion of the increasing frequency of such visits to H1B employers, employers’ options in responding to such visits, what they should do if the officers ask to speak with employees, the authority of the FDNS officers, and the potential consequences of such visits, among other issues.

Our September 2, 2009 session in this teleconference series focused on visits by officers from the USCIS Fraud Detection and National Security (FDNS) Office. In this overview, attorneys from the Murthy Law Firm discussed the increasing frequency of such visits to H1B employers, employers’ options in responding to such visits, what to do if the officers want to speak with employees, the authority of the FDNS officers, and the potential consequences of such visits, among other issues.

The topic of this teleconference in our series for employers and their representatives will focus on the importance of and means to ensure compliance records are properly maintained. In this session, attorneys from the Murthy Law Firm will discuss some of the various types of records that must show an employer's compliance with U.S. immigration laws and the basic steps that companies must undertake to: document that their employees are authorized to work, maintain public access files for current and former employees in H1B status, and maintain "audit files" that support requests for labor certification as part of sponsoring employees for their green cards. These Murthy Law Firm attorneys will also discuss how increased government enforcement in these areas impacts your company, and the potential ways that "good housekeeping" can help your business stay focused on continued success.

This teleconference focused on issues related to delays in processing employment authorization documents (EADs). In this session, attorneys from the Murthy Law Firm discussed the need to track EAD expiration dates, the timelines for renewing EADs, steps for facilitating EAD issuance in 90 days, and options when a gap in EAD validity occurs. EADs are taking longer to process than in the past. This has resulted in an increasing number of employees who may not have EAD renewals in time. Our attorneys covered the steps employers should take to avoid breaks in their employees' authorization to work, as well as the considerations and requirements when there is a lapse in work authorization.