Murthy Immigration Podcast

The topic of this teleconference in our series for employers and their representatives concerned the legal obligations and implications for employers when terminating foreign national employees. The session described the impact of terminations on nonimmigrant status as well as the green card process. Murthy Law Firm attorneys discussed strategies for addressing situations in which foreign national employees do not report to work as expected, how to handle the issue of layoffs with respect to the employer's labor condition application (LCA) obligations, and safeguarding the employer's ability to file immigrant petitions for other employees.

The topic of this teleconference in our series for employers and their representatives focused on the eligibility of employees for the "portability" provision under the American Competitiveness in the 21st Century Act (AC21), which allows employees to port their green card cases to their new employers, in certain situations. In this session, attorneys from the Murthy Law Firm discussed the eligibility criteria, focusing on the employer's perspective of the AC21 portability provision. Our attorneys also discussed the obligations and special considerations for both the original petitioners and the new employers of foreign nationals who port their cases to their new employment.

The topic of this teleconference in our series for employers and their representatives focused on determining the prevailing wage for H1B and PERM filings. In this session, attorneys from the Murthy Law Firm discussed the U.S. Department of Labor's prevailing wage determination guideline, different wage levels, various factors considered in determining prevailing wage, the employer's responsibilities relating to wage determination, and employer's obligation to pay the required wage. Our attorneys also discussed the process of obtaining prevailing wage determination through the National Processing Center (NPC).

This teleconference focused on life after the green card. In this session, attorneys from the Murthy Law firm discussed issues such as what happens when your employee becomes a permanent resident, updating the Form I-9, and changes in salary. We also covered transfer of employees abroad, reentry permits, and the effect of extended time abroad on naturalization eligibility.

The topic of this teleconference in our series for employers and their representatives will focus on hot topics and current issues. In this session, attorneys from the Murthy Law firm will discuss issues such as upcoming changes in USCIS filing fees and the new $2000 H1B/L-1 filing fee, the effect of H1B cap gap after October 1st, and an update on availability of H1B cap numbers. We will also discuss the legal criteria for adjudication of EB1 petitions in light of the recent USCIS interim memo.

The topic of this teleconference in our series for employers and their representatives focused on recent trends involving nonimmigrant visas at U.S. embassies and consulates. The recession, high rate of unemployment in the United States, and new policy guidance from the U.S. Citizenship and Immigration Services have led to increased numbers of 221(g) requests for evidence and denials of H1B visas. As many employees are now planning holiday travel, this was a timely discussion for employers who may be concerned about their employees' consular processing. Attorneys from the Murthy Law Firm discussed basic requirements for consular processing, special concerns for IT consulting companies, and some of the most frequently asked questions about consular processing. Proactive strategies to increase the chances for approvals of nonimmigrant visas, as well as issues affecting family members (including applications for H-4, L-2, and other dependent visas), delays in the issuance of H and L visas relating to the Petition Information Management Service (PIMS) and other complex consular matters were discussed.

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

The topic of this teleconference in our series for employers and their representatives focused on the new export control compliance section of Form I-129, which is used for foreign worker petitions including H1B and L-1. The USCIS recently announce that, beginning February 20, 2011, petitioners for H1B, H1B1, L-1, and O-1A petitions will be required to make certifications as to whether their foreign workers will have access in the workplace to technology and technical data for which an export license is required, and if applicable, to confirm that the petitioner will prevent such access until an appropriate export license or other authorization is obtained. The discussion focused on some important basics of the technology export control laws (EAR and ITAR), analysis of the new questions on Form I-129, and practical guidance on how those questions relate to employers - especially those in the IT industry.

The topic of this teleconference in our series for employers and their representatives will focus on the new export control compliance section of Form I-129, which is used for foreign worker petitions including H1B and L-1. The USCIS recently announce that, beginning February 20, 2011, petitioners for H1B, H1B1, L-1, and O-1A petitions will be required to make certifications as to whether their foreign workers will have access in the workplace to technology and technical data for which an export license is required, and if applicable, to confirm that the petitioner will prevent such access until an appropriate export license or other authorization is obtained. Part I of this teleconference focused on some important basics of the technology export control laws (EAR and ITAR) and the analysis of the new questions on Form I-129. Part II will concentrate on practical guidance on how those questions relate to employers - especially those in the IT industry - and discuss some examples.

This teleconference in our series for employers and their representatives addressed H1B "cap" cases. Murthy Law Firm attorneys discussed the annual quota system, who is subject to the cap, and what the criteria and the requirements for filing an H1B cap-subject petition. The session also addressed issues relating to the transition from F-1 to H1B, including the cap gap, as well as the recent USCIS fee changes, form revisions, and the proposed registration system for the annual H1B cap.