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Sept 27 - Employers Hate DACA

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September 27, 2012





















Comment: Comment: Employers Hate DACA -
Since the announcement of DACA, many observers have been critical of it as an imperfect, stop-gap solution that helps fix some problems, but also creates a whole slew of new ones. As applications begin rolling in and applicants and their employers adjust to the new realities created by this program, the problems critics forecast appear to springing up again and again. One of these is that DACA is putting many large-scale employers in uncomfortable position, the New York Times reports. Troubled by increasing audits and crack-downs on hiring undocumented workers, agricultural employers do not fully trust the government's assurances that it will not use the information it receives from DACA applicants to look back and find malfeasance, both from those people and the employers that hired them. USCIS guidelines indicate that employers may verify the term of an employee's time with them and that information will not be shared with the enforcement authorities "unless there is evidence of egregious violations of criminal statutes or widespread abuses." Employers are troubled because those terms are neither clear nor defined in any existing body of law. In addition, many employers will consider acknowledgements like these as constituting actual knowledge that an employee lacks proper work authorization and will refuse to retain them until they receive it. You can see the full article here.


What can or should be done to fix these imperfections? Should those changes be made on the individual side or the employer side? These are significant questions that must be handled and handled fast before faith in the promise of this program is shaken any further. Perhaps USCIS should take a more affirmative stance that will give employers more peace of mind. One example would be specifically stating only criminal violations - and not the amorphous allegation of 'widespread abuses' - will be grounds for information sharing with enforcement authorities. Perhaps something else altogether. Or perhaps we should simply acknowledge that DACA as it stands today is the best we can get under the current framework. What should be done? Share your thoughts with us at editor@ilw.com.






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Blogging: NY Times: DACA Puts Some Employers in Tough Situation by Greg Siskind



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Focus: The Physician Immigration Book - Shipping Now

ILW.COM is pleased to announce The Physician Immigration Book edited by Robert Aronson. Contributors are: Mary Amundson, Robert Aronson, Lisa Atkins, Therese Bart, Janice Bianco, Ingrid Brey, Brian Bruner, Elise Bruner, Jacqueline Bucar, Lisa Claypool, Kristi Crawford, Karen Dean, Alex Dgebuadze, Robert Divine, Goldie Domingue, Maria Fritzinger Elias, Eleanor Fitzpatrick, Roberta Freedman, Kristen Harris, Wendy Hess, Dayna Kelly, Khorzad Mehta, Jennifer Minear, Bruce Morrison, George Newman, Elizabeth Neuwirth, Ana Pottratz Acosta, Karen Pollins, Jennell Prentice, Elizabeth Quinn, Michelle Scimecca, Suzanne Seltzer, Carl Shusterman, Greg Siskind, Rita Sostrin, Tim Skinner, Sarah Peterson Strensrud, Margaret Stock, Hamel Vyas, Tracy Wallowicz, David Ware, Nathan Waxman, Andrew Wizner and Robert Whitehill



The book outline is as follows:


INTRODUCTION


  • Healthigration: Immigration Meets Healthcare Reform by Robert Aronson


THE PHYSICIAN WORKFORCE AND HEALTHCARE REALITIES

  • U.S. Physician Workforce Policy And The Role Of International Medical Graduates: Modest Proposals For A New Era by Kristen Harris

  • Immigration Attorneys And In-House Recruiters: The Essential Connection by Tim Skinner and Jennell Prentice

  • Rural Healthcare & Conrad 30 J-1 Waivers by Mary Amundson, and Therese Bart


THE J-1 EXCHANGE VISITOR PROGRAM: VIEWS FROM THE INSIDE AND THE OUTSIDE

  • The Evolution Of The J-1 Exchange Visitor Program And The Foreign Residence Obligation: How They Developed To Control Employment In Graduate Medical Education By International Medical Graduates by Ingrid K. Brey

  • ECFMG Role in Administering the J-1 Physician Program by Eleanor Fitzpatrick & Tracy Wallowicz

  • J-1 Clinical Training For Physicians: Institutional Consideration & Concepts by Lisa E. Claypool and Hamel Vyas

  • International Medical Graduates And The J-1 Exchange Visitor Program: Institutional Roles And Responsibilities by Janice Bianco


STARTING THE IMMIGRATION PROCESS: THE ART OF THE CLIENT INTAKE PROCESS

  • Physician Intake And Issue Spotting by Robert S. Whitehill


J-1 WAIVER STRATEGY AND PRACTICE FOR PHYSICIANS

  • 50 Ways To 30 Waivers: The Conrad State 30 Program by Suzanne Seltzer

  • Fundamentals And Relevance Of Underserved Designations by Robert D. Aronson

  • Interested Government Agency (IGA) Clinical Waiver Programs by Goldie C. Domingue

  • The New Veterans Health Administration - Again? by Michelle M. Eaton Scimecca

  • J-1 Waivers Through the U.S. Department Of Health And Human Services (HHS) - Promoting Excellence And Impact In Biomedical Research by Elizabeth Quinn


H-1B TEMPORARY WORKER CONSIDERATIONS AND STRATEGY FOR PHYSICIANS

  • Brief Overview Of Physician's Use Of H-1B Visa Category by George S. Newman

  • H-1B Visas For Physicians-In-Training: A Marathon Or An Obstacle Course? by Alexander Dgebuadze and Rita Sostrin

  • Tracking The Intractable: H-1B Fulfillment Issues For International Medical Graduates by Khorzad Mehta

  • A Look At Selected Cutting Edge Issues For H1-B International Medical Graduates by Andrew L. Wizner

  • CSpouses Should Derive More H-1B Time Along With The Green Card Process by Robert Divine

  • Who Calls The Shots: The Corporate Practice Of Medicine And Defining The Employer In H-1B Physician Cases by Jacqueline D. Bucar and Elizabeth M. Neuwirth


ASSESSING ALL POSSIBILITIES: OTHER NONIMMIGRANT VISA OPTIONS FOR PHYSICIANS

  • Alternative Non-Immigrant Visa Options For International Medical Graduates by Roberta Freedman and Lisa Atkins

  • Canadian Physicians - Separate And Unequal by Carl Shusterman


LONG TERM OPTIONS: PERMANENT RESIDENCE AND NATURALIZATION

  • Threading The Needle: Counseling The International Medical Graduate On Options For Lawful Permanent Residence by Jennifer A. Minear

  • Traversing The Permanent Residence Landscape For International Medical Graduates: A Comparative Analysis by Brian T. Bruner

  • Take One Aspirin And A Zantac Before Proceeding: The Alien Labor Certification Process For Physicians by Wendy Castor Hess, Karen M. Pollins and Maria P. Fritzinger Elias

  • "Establishing Business Necessity In Physician Labor Certification: Is It Ever A Necessity? by Dayna Kelly

  • "The Special Handling Labor Certification In The Context Of Medical Schools by David Ware

  • Obtaining The NIW Attestation Letter Of Support: Practical Guidance And Considerations by Elise Bruner

  • Searching For The Five-Year Cure: Eligibility Issues Following Completion Of The Employment Obligation In NIW Cases by Robert Aronson and Ana Pottratz Acosta

  • Twelve Years After: Six Post - NYSDOT Physician NIWs: 2010 Update by Nathan Waxman and Karen L. Dean

  • Military Service As An Option For Foreign Health Care Professionals by Margaret D. Stock


COMPLIANCE CONSIDERATIONS

  • The Legacy Of Kutty: Does Kutty Change Who Is Responsible For Paying H-1B Attorney Fees? by Sarah Peterson Stensrud


DESIGNING A BETTER MOUSETRAP: SOME THOUGHTS ON LEGISLATIVE REFORM

  • The Legislative Horizon For Physician Immigration by Greg Siskind

  • A Simpler Future For FMGs - The MD Visa by Bruce A. Morrison


For more info on The Physician Immigration Book and to order:

Online: http://www.ilw.com/books/ThePhysicianImmigrationBook.shtm


By Fax: http://www.ilw.com/books/ThePhysicianImmigrationBook.pdf










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Help Wanted: Immigration Paralegal

Tysons Corner, VA - Greenberg Traurig is seeking an entry-level business immigration paralegal. The ideal candidate should have 3+ years of experience preparing immigrant and non-immigrant visas including H, L, TN, O, J visas, adjustment of status, consular processing, advance parole, employment authorization documents, PERM; Bachelor's degree or equivalent work experience is required; must be very organized, detail-oriented and able to work independently. Must possess excellent computer skills as well as strong written and verbal communication skills. If you would like to work in a fast paced, heavy volume, deadline driven environment alongside a team of experienced immigration attorneys and professionals who are passionate about the practice of Immigration Law, then we want to hear from you! We have all the resources of a large, international law firm while preserving our firm's collegial and collaborative culture. Competitive benefits and compensation package offered. Please send resume and cover letter with salary requirement to TCOHIRE@gtlaw.com . Greenberg Traurig is an Equal Opportunity Employer.



Law Practice for Sale


Dominant within New Mexico, the largest immigration firm in the state is for sale. The firm has a prestigious list of institutional and corporate clients, long-term staff of 10 with sound management structure. Firm is very stable - in business for 32 years. AV- Rated for more than 20 years, and in the same office location for the past 11 years. This Albuquerque based firm has grossed revenues in excess of $1M for more than a decade. Diversified practice handling: employment and family based immigration, removal, and consular matters. All equipment included in sale. Principal can ease transition for serious buyers. Send Inquiries in confidence to jwl@jlawit.com






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