Med Law Blog

Contributed by Piyush Seth, Esquire

pseth@tuckerlaw.com or 412.594.5640

Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009 (H.R. 4321) has been introduced by Rep. Gutierrez (D-IL) on December 15, 2009 along with 87 other members of the House of Representatives.  The proposed legislation covers comprehensive immigration issues that include, enforcement, legalization process, employment visa backlogs and temporary work visa reform.  A summary of the legislation has been posted by the American Immigration Lawyers Association at AILA InfoNet Doc. No. 09121568 on December 15, 2009.  Please click here to see the summary.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

Contributed by: Piyush Seth, Esquire

412.594.5640, pseth@tuckerlaw.com

As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed.  As per American Immigration Lawyers Association, see  AILA InfoNet Doc. No. 09042065 (posted Nov. 17, 2009).   USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Please click here for more information.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

As of September 8, 2009, all federal contractors and subcontractors are now required to utilize the controversial E-Verify system to confirm an employees right to work legally in the United States.  In addition, those companies receiving stimulus funds will be required to implement E-Verify.  The controversy arises from the fact that the administration continues to expand the use of E-Verify without correcting the defects in the database system.  There is a belief that this faulty system will lead to discrimination against US workers who are perceived to be foreign born.  Please see the following Federal resources for guidance on E-Verify.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

New York Times reports Obama's immigration timetable
"Obama Sets Immigration Changes for 2010”

Los Angels Times
"Debate heats up on healthcare for illegal immigrants"

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

HR 2536, The Emergency Nursing Supply Relief Act, See http://www.govtrack.us/congress/billtext.xpd?bill=h111-2536 has been introduced in the House by Congressman Robert Wexler.  Although there is a long process ahead this first step provides hope for much needed relief for the U.S. nursing shortage as it will make immigrant visas specifically available for nurses.  These visas are currently unavailable and have been backlogged for the past three years.  Foreign nurses are required to meet extensive credentialing requirements to work in the U.S.  See www.cgfns.org.  Nurses are limited entry under the H-1B temporary worker visas unless they are Nurse Practitioners or Advanced Practice Nurses as most states do not require a minimum of a Bachelor degree to perform the work of a registered nurse.  Therefore the availability of a green card for nurses would provide a viable option for U.S. health care employers to supplement their nursing needs with much needed foreign nurses.  The bill's text was released in May of 2009 and is similar to H.R. 5924, introduced last year.  The bill would allocate 20,000 additional green cards per year for three years for nurses and physical therapists.  Spouses and children will get green cards and will not be included in the 20,000 figure.  Employer petitioners will pay a $1500 fee in addition to regular green card fees.  The fee will support nurse training programs around the U.S.

| Posted By Piyush Seth In Immigration | 0 Comments | Permalink

Findings by the Council were that the broken US Immigration System risks serious consequences to U.S. national interests:

Specifically:

- Weaken US Economy

- Jeopardize Diplomacy

- Imperil National Security

Council on Foreign Relations Press Release:

http://www.aila.org/content/fileviewer.aspx?docid=29470&linkid=206416

Council on Foreign Relations Report on Immigration Policy:

http://www.aila.org/content/fileviewer.aspx?docid=29470&linkid=206410

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

The August Visa Bulletin was just released. Currently Employment Based Category Three (Skilled Worker) remains unavailable and Employment Based Category Two (Advanced Degree Professional) for India is backlogged to October 1, 2003. For all other countries Advanced Degree Professional Immigrant visas are currently available. Please see August 2009 State Department Visa Bulletin

Piyush Seth
412.594.5640
pseth@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 1 Comments | Permalink

As of July 10, 2009, approximately 44,900 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. As such there are more than 20,000 quota numbers available.

In addition, approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

Piyush Seth
412.594.5640
pseth@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

PITTSBURGH, PA - Tucker Arensberg, P.C., is proud to announce that immigration attorney Piyush Seth has joined the Firm as a Shareholder and has launched the Immigration Law Practice at the Firm.

Tucker Arensberg, P.C., a full service law firm with a history of over 100 years in Pittsburgh, offers a range of employment law services to clients including employee benefits law and labor and employment law. Immigration Law effectively rounds out the employment law service portfolio at the Firm.

"With the increase of multinational corporations locally and nationally, and the prominence of the heath care and higher education communities in the region, immigration law is an extremely important area of practice," commented Managing Shareholder Gary Hunt. "The addition of Piyush to our team at Tucker Arensberg, P.C. creates an entirely new dimension within our firm and complements our other practice areas very well."

Born in New Delhi, India and raised in United States from the age of three, Mr. Seth brings a background that includes business immigration, contract/commercial litigation, tax, and business structuring. Most recently, Mr. Seth has served as Managing Shareholder of Seth Law Associates. Mr. Seth applies his diverse experience from working with hospitals, technology companies, law firms and a "Big 5" Accounting firm to his clients needs.
 

| Posted By Paul Welk In Immigration | 0 Comments | Permalink

 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has submitted to the Federal Register an interim final rule that will streamline the Employment Eligibility Verification (Form I-9) process.....

To read more about this article click link below:
www.medlawblog.com/uploads/file/I-9 update Dec 2008.pdf

For any questions you may have please contact Lisa Ventresca at 412-594-5607 or by email at lventresca@tuckerlaw.com.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

Please be advised that effective January 12, 2009, elgibile citizens or nationals from ALL Visa Waiver Program Countries must obtain approval through ESTA (The Electronic System for Travel Authorization) prior to traveling to the United States under the Visa Waiver Program.

Lisa Ventresca
412-594- 5607
lventresca@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

The Electronic System for Travel Authorization (ESTA) is an electronic system for screening
Visa Waiver Program passengers before they begin travel to the United States without a visa. It is anticipated that ESTA will become mandatory for Visa Waiver Program travelers on January 12, 2009.

www.medlawblog.com/uploads/file/Visa waiver - passport reqts.pdf

Lisa Ventresca
412-594-5607
lventresca@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf ...Read More 

Lisa Ventresca
412-594-6507
lventresca@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

U.S. nationals are required to hold a U.S. passport for entry (by air) into the U.S. Effective 6-1-09, all U.S. nationals traveling by sea or land must also hold a U.S. passport.

Click the link to read the DOS press release as well as a FAQ sheet on the topic.

 www.medlawblog.com/DOS release on Passport Rule(1).pdf

 www.medlawblog.com/Passport Rule.pdf

Lisa Ventresca
412-594-5607
lventresca@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

Multiple H1B filings prohibited

Lisa M. Ventresca
412-594-5607
lventresca@tuckerlaw.com

Ken M. Ventresca
412-594-5607
kventresca@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

The USCIS issued an update regarding revised instructions for Form I-131, Application for Travel Document. The revised instructions include changes for re-entry permit and refugee travel document applicants. The text of the changes is attached.

www.medlawblog.com/Biometric changes.pdf

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

BY: Kenneth M. Ventresca, Esq., Lisa M. Ventresca, Esq. and Michael Cassidy, Esq.

Foreign Medical Graduates (FMGs) who reside and are employed in the United States on a J-1 Visa generally are required to return to their home country for a period of two (2) years as a prerequisite for applying for permanent residency or an H1B Visa. This requirement is known as the foreign residency requirement and constrains the immigration options for FMGs on J-1 Visas. The only way to get around the foreign residency requirement is to obtain a waiver.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

www.medlawblog.com/H-1B_Filing_30jan08.pdf

For questions regarding this article, contact Lisa or Ken Ventresca at
Lisa: lventresca@tuckerlaw.com Ken: kventresca@tuckerlaw.com
or by phone at 412-594-5607

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

As of February 1, 2008, U.S. citizens may begin to apply for the New Passport Card. The passport card will facilitate travel between the U.S. and land border as well as sea ports-of-entry countries such as Canada, Mexico, Bermuda and the Caribbean. The new passport card will carry the same rights and privileges as a U.S. passport and is being issued in response to a need for a more efficient and cost effective means of travel for border communities.

www.medlawblog.com/US citizen passport cards(1).pdf

Lisa Ventresca
lventresca@tuckerlaw.com
412-594-5607

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

(Department of Homeland Security, Bureau of Customs and Border Protection) U.S., Canadian and Bermudian citizens entering the United States at land or sea ports-of-entry must establish their identity and citizenship to the satisfaction of a U.S. Customs and Border Protection (CBP) Officer. Under current CBP procedures, such individuals may provide any proof of identity and citizenship.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

Posted By: Lisa Ventresca lventresca@tuckerlaw.com

Foreign nationals traveling abroad will need reentry visas. The attached memo from Lisa Ventresca highlights the documents requirements for H1Bs.

www.medlawblog.com/2008 visa issuance memo(1).pdf

Lisa Ventresca
412.594.5607
lventresca@tuckerlaw.com

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

Posted by: Lisa Ventresca lventresca@tuckerlaw.com

As posted previously, Tucker Arensberg is now offering immigration law services. As such, our firm strongly believes that the 2008 H1B Temporary Worker Visa Cap will be closing in early April 2008, shortly after the United States Citizenship and Immigration Service (USCIS) begins accepting petitions on April 1, 2008. If your organization desires to hire a foreign national in a specialty occupation (those occupations requiring a Bachelor’s degree or higher) for 2008, you will need

| Posted By Michael Cassidy In Immigration | 2 Comments | Permalink

Tucker Arensberg is proud to announce that immigration attorneys, Kenneth M. Ventresca and Lisa M. Ventresca have joined the firm as Of Counsel Attorneys to assist our health care, corporate, technology and higher education clients with a full range of immigration issues.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink

As published on the U.S. Department of State web site, Applications for the 2009 Diversity Visa (DV) Lottery will be accepted between noon Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 3, 2007 and noon Eastern Standard Time (EST) (GMT-5) Sunday, December 2, 2007.

Click on U.S. Department of State to learn more about the program.

| Posted By Michael Cassidy In Immigration | 0 Comments | Permalink