The New Export Control Attestation Requirement on Form I-129

Q: Where is the export control question on the new Form I-129 and what does it say?-Part 6 of the new version of Form I-129 states:With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that:* A license is not required from either the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person; or * A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data to the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.
Q: What is controlled “technology” and “technical data”?-“Technology” and “technical data” that are controlled for release to foreign persons are identified on the Export Administration Regulations (EAR) Commerce Control List (CCL) and the International Traffic in Arms Regulations (ITAR) U.S. Munitions List (USML). The Department of Commerce Bureau of Industry and Security (BIS) administers the EAR. The Department of State Directorate of Defense Trade Controls (DDTC) administers the ITAR. The EAR uses the term “technology” to refer to information for the development, production or use of “dual-use” products or software. Specifically, section 734.2(b)(2)(ii) of the EAR (15 CFR §734.2(b)(2)(ii)) states that an export of technology to a foreign national in the United States is “deemed to be an export to the home country or countries of the foreign national.” This is commonly referred to as the “deemed export” rule. While the ITAR does not use the phrase “deemed exports,” the ITAR contains a similar concept. Section 120.17(a)(3) of the ITAR (22 CFR §120.17(a)(3)) states that an export occurs when “technical data” is disclosed (including oral or visual disclosure) or transferred to a foreign person in the United States. Therefore, if an export license is required to export EAR controlled technology or ITAR controlled technical data to a certain country, an export license or other authorization will be required.
Q: Where can I find the applicable regulations?-Information can be found at www.bis.doc.gov; www.bis.doc.gov/deemedexports ; www.pmddtc.state.gov ; http://www.pmddtc.state.gov/faqs/license_foreignpersons.html
Q: Why is this issue relevant to a visa petition on behalf of a nonimmigrant foreign national?-U.S. law prohibits the “export” of controlled technology and technical data to certain foreign nationals located within the United States without a license. Therefore, to properly complete the new I-129 form, an employer must first classify the technology or technical data that will be released to or be accessed by a prospective foreign national employee to determine whether an export license may be required to be obtained from BIS or DDTC before releasing such technology or technical data to the foreign national.
Q: To what visa classifications does the new attestation apply?-H-1B, H-1B1, L-1, and O-1A.
For more information please feel free to contact us at:
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009

Newark-based firm charged with violating immigration laws

NEWARK: A Newark-based computer consulting company has agreed to pay more than $765,00 in back wages and penalties to workers for violating provisions of the Immigration and Nationality Act, the U.S. Labor Department announced today.

The company, Peri Software Solutions Inc. and its owner, Saravanan Periasamy, sponsored foreign workers to work as programmer analysts across the country under a visa program known as H-1B. Companies can hire temporary workers with these visas for professional jobs and must pay the same wages as U.S. workers who perform the same type of work.But the labor department charged Peri Software Solutions with improperly compensating these employees and not providing the appropriate labor condition applications in their offices.

Periasamy said his company has hired new legal counsel and hiring managers for immigration issues and will inspect and audit its case files quarterly to ensure it is in line with current immigration laws."Peri is committed to exceeding whatever it takes to ensure that we are in full compliance," Periasamy said in a statement. He also said the firm will launch a training program in an effort to boost the number of American employees at the company.

"As we move forward, Peri plans to develop new partnerships with the goal of creating more jobs and hiring more American workers," he said.The firm will pay nearly $640,000 in back wages and interest for 67 employees under this program, according to the labor department. The company must also pay nearly $127,000 in penalties for failing to provide notice of the filing of labor condition applications in the offices where the employees worked, according to the labor department. Peri Software is also prohibited from participating in the H-1B program for one year.

At Nachman & Associates, P.C. our immigration lawyers have been involved in a large number of DOL and I-9 audits over the last few years. We help companies comply with DOL and I-9 regulations by reviewing their procedures and by conducting internal audits. We also represent businesses involved in ICE and DOL worksite enforcement investigations and raids.

Contact Nachman & Associates, P.C.
No matter what your business needs in the area of corporate and business immigration law, WWW.VISASERVE.COM

READ THE ARTICLE ABOVE THAT APPEARS IN THE STAR LEDGER HERE: http://www.nj.com/business/index.ssf/2010/12/newark-based_firm_charged_with.html

What is the New I-485 Adjustment of Status Fee for a Child Under 14?

As referenced in "AILA InfoNet Doc. No. 10110935 (posted Nov. 9, 2010)"

The new filing fees go into effect on November 23, 2010. AILA is aware that the USCIS Fact Sheet does not list the filing fee for a child under 14 years of age . However, the Federal Register notice announcing the new filing fees indicate that where the child under the age of 14 is applying concurrently with a parent, is a derivative applicant, and is applying based on a relationship to the same individual as the parent, or under the same legal authority as the parent, the new filing fee will be $635. The fee of $985 for an I-485 applies for a child under the age of 14 whose I-485 application is not submitted concurrently with that of the parent, or is not based on derivative status, or is on a basis other than that of a parent.

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM

NEW TAMPER-PROOF NATURALIZATION CERTIFICATES

Immigration officials, in an effort to deter fraud, will unveil today a new naturalization certificate for people who become U.S. citizens.

The new certificates, used to obtain passports and other legal documents, come after U.S. Citizenship and Immigration Services (USCIS) unveiled a new green card — the ID card for immigrants with permanent residency status — this year that had improved security features to prevent forgery and tampering.

Read the article in USA Today at the following link:

http://www.usatoday.com/news/nation/2010-10-25-citizenship25_ST_N.htm

Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.

To schedule a consultation, please feel free to info@visaserve.com or you can call toll free to 1-866-599-3625.

THE NEW FACE OF FDNS: Social Networking Sites and Their Importance to FDNS.

A CIS internal memorandum has been circulating which instructs DHS Fraud Detection officers on how to use Facebook, MySpace and similar internet sites to detect fraud in immigration cases. While most people are aware that this has probably been going on for some time now, it is now officially in writing and there can be no doubt about the importance of monitoring what is posted on the internet (either by you or by someone else).

The memorandum is vague in terms of how CIS examiners are to find information, or how they will disclose (if at all) that they have found grounds to deny an application for an immigration benefit. Basically this will give the CIS an ability to perform an "unannounced cyber visit" to any petitioner or beneficiary's web page with the hope of detecting fraud.

Read the the full text of the memorandum at:

http://www.eff.org/files/filenode/social_network/DHS_CustomsImmigration_Soci
alNetworking.pdf

Contact Us - Nachman & Associates, P.C. - Global Business Immigration Lawyers.

Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.
To schedule a consultation, please feel free to contact us at info@visaserve.com or you can call us at 201-670-0006 (x100) or Toll Free at 1-866-599-3625.

ICE SUCCESS IN ANOTHER I-9 AUDIT ACTION:

ICE SUCCESS IN ANOTHER I-9 AUDIT ACTION: Abercrombie & Fitch Fined $1M After I-9 Audit; NEW IMMIGRATION REFORM BILL PROPOSED: Senators Menendez and Leahy Introduce First Comprehensive Immigration Bill of 2010; MERITS OF IMMIGRATION TO THE U.S.: Murdoch & Bloomberg Embrace Immigration Reform. Read more in our e-blast by clicking below, or for more information contact our office at info@visaserve.com or 201-670-0006 x100.

http://archive.constantcontact.com/fs092/1011188341227/archive/1103741773582.html

Abercrombie & Fitch fined after I-9 audit

DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers.

For assistance with regard to an audit or investigation concerning an immigration related liability from any U.S. or Canadian government agency, please feel free to contact the lawyers at Nachman & Associates, P.C. (VISASERVE) at 201-670-0006 201-670-0006 (x100) or by e-mail at info@visaserve.com. For more information about our immigration law services, please check out our website at http://www.visaserve.com.

Why We Need The DREAM Act Now

Why We Need The DREAM Act Now
by Victoria Donoghue

For some time now, lawmakers have insisted that immigration reform, if it is to happen, must be comprehensive, dealing with all of the problems with our broken system at once. A piecemeal approach, they say, is not acceptable. Suggestions that certain pressing issues be dealt with separately have been flatly rejected.

However, efforts at so-called Comprehensive Immigration Reform (CIR) have gone nowhere for years. Lobbying efforts in March 2010 by the American Immigration Lawyers Association (AILA) made it clear that CIR is not going to pass anytime soon.

Given this state of affairs, perhaps now is the time to address separately our most pressing immigration issues. And nothing could be more pressing than the one facing many talented young people in our country. In his July 1, 2010 remarks on CIR, President Obama pointed out that many of the 11 million illegal immigrants amongst us came to the US with young children in tow. These children grew up as Americans; they were educated in our schools, speak English fluently, and have embraced American culture as their own.

The time has clearly come for the DREAM Act to come into reality.

To Read More, Click Here: http://www.visaserve.com/CM/Articles/Why%20We%20Need%20The%20DREAM%20Act%20Now.pdf

The restaurant industry continues to be plagued by CIS investigations and FDNS site visits, ICE investigations and DOL audits.

The restaurant industry continues to be plagued by CIS investigations and FDNS site visits, ICE investigations and DOL audits.

We continue to remind our restaurant owner and operator clients to be mindful of their I-9 Form obligations, among other issues. Unfortunately, many restaurant owners and operators continue to seek inexpensive help from the undocumented. The N.Y. Times article reminds us that immigration issues in the restaurant industry are widespread . . .

http://www.nytimes.com/2010/09/08/dining/08crackdown.html

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM

DOJ sues Maricopa County Community College District for I-9 violations:

DOJ sues Maricopa County Community College District for I-9 violations: “The Justice Department has filed a lawsuit against the Maricopa County Community College District alleging it engaged in a pattern or practice of discrimination in hiring authorized non-citizens. The Justice Department says its investigation revealed that Maricopa Community Colleges required all newly hired non-citizens to present additional work authorization documents beyond those required by law, but did not require U.S. citizens to do so." Associated Press, August 30th, 2010.

And the beat goes on . . . Our Business Immigration Law Offices continue to assist employers with I-9 Audits and Investigations by ICE (several this summer) and we continue to marvel at how the same mistakes are made by employers time and time again. Employers need to focus on doing an internal audit and training to avoid the potential liabilities! These are services provided by our Immigration Law Office.

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM

Nachman & Associates, P.C. Participates in the 2010 Teaneck International Film Festival.

Nachman & Associates will sponsor the movie Entre Nos, which is being shown as part of the Teaneck International Film Festival this fall. Following the screening of Entre Nos, a panel discussion lead by Managing Attorney, David Nachman, Esq. will feature commentary about the film and about the changing face of immigration laws across the United States. Mr. Nachman has been practicing Immigration Law for over a decade and speaks frequently about nonimmigrant visas and green cards to groups of business professionals across the tri-state area and internationally.
The featured film, Entre Nos, is the story of Mariana (Paola Mendoza) and her children Gabriel, 10, and Andrea, 6. Together, they take us on a remarkable journey where we bear witness to a family’s commitment to survival and their unrelenting hope for the American dream. Entre Nos is inspired by the real life drama of Paola Mendoza’s mother's arrival in United States. After years of hearing the account and absorbing its implications, Paola realized she was ready to bring the heartbreaking but ultimately inspiring tale to the screen.

Click here to learn more about the festival: http://www.teaneckfilmfestival.org/Film2010/

Click here to learn more about the film: http://entrenosfilm.com/

Click here for more information about Nachman & Associates: http://www.visaserve.com

Bringing You Up-to-date U.S. and Canadian Immigration Law News . . .

As you may be aware, the U.S. immigration authorities are implementing a new form and process for immigrant visa processing online.

Please take a gander at the screen shots presently pending at the OMB by following the link below:

http://www.docstoc.com/docs/49845403/DS-260-screen-shots

Please feel free to contact our law offices with regard to any assistance with visas, green cards, temporary work permits,naturalization and/or citizenship or issues of U.S. and/or Canadian immigration law.

Nachman & Associates, P.C.
487 Goffle Road
Ridgewood, NJ 07450
Tel. 201-670-0006 x100
Fax. 201-670-0009
Visit our website at www.visaserve.com

Bloomberg: U.S. Immigration Policy is ‘National Suicide’

Bloomberg: U.S. Immigration Policy is ‘National Suicide’
The mayor was rather colorful this morning when asked about the role of government in the current economy.

"Our immigration policy is national suicide," he said. "I can't think of any ways to destroy this country quite as direct and impactful as our immigration policy. We educate the best and the brightest and then we don't give them a green card. We want to create jobs and we won't let entrepreneurs from around the world to come here."

Read more at this link:

http://www.observer.com/2010/politics/bloomberg-us-immigration-policy-%E2%80%98national-suicide%E2%80%99#

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009

Readout of the President's Meeting with Governor Brewer of Arizona

Readout of the President's Meeting with Governor Brewer of Arizona
Office of the Press Secretary

For Immediate Release
June 03, 2010
Readout of the President's Meeting with Governor Brewer of Arizona

The President had a good meeting with Governor Jan Brewer of Arizona at the White House today to discuss a range of critical issues of mutual interest, including the President's comprehensive plan to secure the Southwest border and the unprecedented resources his Administration has devoted to that effort. The President and Governor Brewer also discussed the President's decision to deploy up to an additional 1,200 requirements- based National Guard troops to the border and his upcoming request to Congress of $500 million in supplemental funds for enhanced border protection and law enforcement activities as part of that integrated strategy. The President listened to Governor Brewer's concerns, and noted that the Administration's ongoing border protection and security efforts have increased pressure on illegal trafficking organizations through record seizures of illegal weapons and bulk cash transiting from the United States to Mexico, resulted in significant seizures of illegal drugs headed into the United States, lowered the average violent crime statistics in states along the Southwest Border, and reduced illegal immigration into the United States.

Despite the significant improvements, the President acknowledged the understandable frustration that all Americans share about the broken immigration system, and the President and Governor agreed that the lack of action to fix the broken system at the federal level is unacceptable. As he did at the recent meeting with Senate Republicans, the President underscored that security measures alone won't fix the broken borders, there needs to be comprehensive immigration reform that includes: lasting and dedicated resources by which to secure our borders and make our communities safer; holding unscrupulous employers accountable who hire workers illegally and exploit them and providing clear guidance for the many employers who want to play by the rules; and requiring those who have come here illegally to pay a fine, pay back taxes, learn English, and get right with the law. The President urged Governor Brewer to be his partner in working in a bipartisan manner on comprehensive immigration reform to implement the type of smart, sensible, and effective solutions the American people expect and deserve from their federal government.

Regarding Arizona law SB1070, the President reiterated his concern with the measure, including that a patchwork of different state immigration regulations around the country would interfere with the federal government's responsibility to set and enforce immigration policy.

Nachman & Associates, P.C.
487 Goffle Road
Ridgewood, NJ 07450
Tel.201-670-0006
Fax. 201-670-0009
Visit our website at www.visaserve.com

Free Employment Verification Training program

Our office is providing a Free Employment Verification Training program for employers in New Jersey, as part of our Federal Training Grant from the US Dept. of Justice. We were wondering if you would pass the announcement to your members/contacts. The program is on June 8th at the FDU Hackensack campus and will feature speakers from our office, USCIS’ E-Verify Division, ICE’s IMAGE Unit, and the Office of Special Counsel for Unfair Immigration-Related Employment Practices (“OSC”). The program is also pending HRCI Credit, and lunch will be provided. Please see the attached flyer for more detailed information.

Registration can be done though our office. We appreciate your help with this matter, and should you have any questions, please do not hesitate to contact me.

http://www.visaserve.com/CM/Events/Flyer%20for%20I-9%20Training%20at%20FDU%206-8-10.pdf

Nachman & Associates, P.C.
487 Goffle Road
Ridgewood, NJ 07450
p. 201.670.0006ext. 100
f. 201.670.0009
Visit our website at www.visaserve.com

H-1B E-Guidance from the USDOL:

The U.S. Department of Labor has promulgated a helpful guide for employers about the H-1B nonimmigrant visa process.

Check it out at:

http://www.dol.gov/elaws/h1b.htm

Nachman & Associates, P.C.
487 Goffle Road
Ridgewood, NJ 07450
Tel.201-670-0006 x113
Fax. 201-670-0009
Visit our website at www.visaserve.com

Check out our upcoming events-
3rd Annual FREE Employment Verification Workshop
Date: June 8, 2010
Time: 10:00 am - 4:00 pm (lunch included)
Location: Fairleigh Dickinson University, Hackensack, New Jersey Campus
Speakers: David H. Nachman, Esq., Victoria Donoghue, Esq., and invited speakers from OSC (DOJ), CIS, and ICE.
Event: This program will cover the employer's responsibilities with regard to employment verification procedures pursuant to the Immigration Reform and Control Act ("IRCA") of 1986 (the I-9 Form). The seminar will include a presentation on anti-discrimination provisions from the U.S. DOJ's Office of Special Counsel, the CIS E-Verify Division and the ICE IMAGE Division. This event is pending HRCI Continuing Education Credits.
For more information, contact our office: 201-670-0006, info@visaserve.com
________________________________________
Employment Verification Compliance Seminar - New York
Date: June 9, 2010
Time: 10:00 am - 4:00 pm (lunch included)
Location: The Graduate Center of the City University of New York, 365 5th Avenue (34th Street), New York, NY
Speakers: David H. Nachman, Victoria Donoghue, and invited speakers from CIS, ICE and DOJ.
Event: This program will cover the employer's responsibilities with regard to employment verification procedures pursuant to the Immigration Reform and Control Act ("IRCA") of 1986 (I-9 Form). The seminar will include presentation on anti-discrimination provisions from the U.S. DOJ's Office of Special Counsel, the CIS E-Verify Division and the ICE IMAGE Division. This event is pending HRCI Continuing Education Credits.
For more information, contact our office: 201-670-0006, info@visaserve.com

H-1B Site Visits: To Become a Standard Protocol.

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS"), published this past September. According to the FDNS' findings, as many as one in five H-1B applications were affected by either fraud or "technical violations" of the H-1B program . . . For more information please read the complete article at:

http://www.ilw.com/articles/2010,0512-nachman.shtm

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009

USCIS To Issue Redesigned Green Card

"U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card - commonly known as the "Green Card" - to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format." USCIS, May 11, 2010.

Website: http://www.visaserve.com
Nachman & Associates, P.C.
David H. Nachman, Managing Attorney
email: david_nachman@visaserve.com
phone:201-670-0006 ext. 100

H-1B Site Visits Soon To Become a Routine Protocol:

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS", published this past September. According to the FDNS' findings, as many as one in five H-1B applications were affected by either fraud or "technical violations" of the H-1B program. Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers. FDNS has indicated that it does not need a subpoena in order to complete the site visit because USCIS regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators' demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.

Some common questions that have been raised by employers include: "how are companies selected to be investigated," "if I am visited, should I be concerned," "what type of violations are the investigators looking for,"and "how can I prepare for a site visit from a CIS/FDNS investigator?" To address these issues in order, firstly any employer who has filed an H-1B petition can be subject to a site visit. While CIS claims the employers are chosen at random, close to 40,000 employers' names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor's degree, not an advanced degree.If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.

To read the rest of the article go to: Article Source: http://EzineArticles.com/?expert=David_Nachman


Website: http://www.visaserve.com
Nachman & Associates, P.C.
David H. Nachman, Managing Attorney
email: david_nachman@visaserve.com
phone: 201-670-0006 ext. 100

Obama takes immigration reform off agenda

By SUZANNE GAMBOA, Associated Press Writer Suzanne Gamboa, Associated Press Writer – Fri Apr 30, 2:31 am ET

http://news.yahoo.com/s/ap/20100430/ap_on_go_pr_wh/us_immigration_politics_11;_ylt=A0geu07W0NpLZ.AAVwCrpph4

Nachman & Associates, P.C.
Visaserve Plaza
487 Goffle Road
Ridgewood, NJ 07450
Tel. (201) 670-0006 Ext. 100
Fax (201) 670-0009
www.visaserve.com

Untimely Departure

IMPORTANT CHANGE: Satisfactory Departure will be considered only for those admitted under the Visa Waiver Pilot Program (WB,WT admission classification). All other nonimmigrant classifications can be considered for Deferred Action without formal written request. Again, all requests will be assessed on a case by case basis.
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NOTE: CIS has authorized satisfactory departure for nonimmigrants who are unable to depart timely due to flight cancellations as a result of the Icelandic volcano. Aliens may request SD by appearing at their nearest CIS office and do not require INFOPASS appointments to be seen. As always, requests will be assessed on a case by case basis.

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006 (x100)
Facsimile (201) 670-0009
WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

Customs and Border Protection Announces Advise for Travelers Stuck In U.S. Due To Eyjafjallajokull

Washington, D.C. (Apr 17) – Customs and Border Protection has issued an announcement to help those stuck in U.S. airports with expiring travel visas due to the Iceland volcano.

The following is intended for those that know of anyone or in fact themselves stuck in the United States due to air traffic restrictions in Europe:

If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart due to volcanic activity, travelers should:

1) Contact the U.S. Customs and Border Protection office at the airport.

2) Contact the U.S. Citizenship and Immigration Services (USCIS) office.

Both agencies have been provided with staff with guidance on the applicable authorities under the VWP in such emergencies.

If traveling under a visa you should contact the nearest USCIS office. Instructions are normally applicable within a 45 day advance but guidance is being given on these situations will be handled this week.

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009

WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.

YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.

Travel Advisory: Delays Due to Icelandic Volcano Eruption

(04/17/2010)If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:

If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:

Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
Contact the U.S. Citizenship and Immigration Services (USCIS) office.
Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.

If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS - Extend My Stay )

While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.

Travelers should continue to contact their airline for information about flight schedules, delays and cancellations. If airlines have questions about the situation, they can contact their Regional Carrier Liaison Group (RCLG). The Miami RCLG can be reached at (305) 874-5444.

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006(x100)
Facsimile (201) 670-0009
WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.

YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.

Naturalization Video from the USCIS Makes A Debut Today:

The USCIS introduced a 16-minute video on the naturalization process including the eligibility requirements, application process, preliminary steps, interview, English tests and U.S. history and government test (civics).

The video includes two simulated interviews.

Kudos to the USCIS for this important and user-friendly resource.

YOU CAN VIEW THE VIDEO BY PASTING THIS LINK INTO YOUR BROWSER:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=76574bbe6cb97210VgnVCM100000082ca60aRCRD&vgnextchannel=d6369ddf801b3210VgnVCM100000b92ca60aRCRD


NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone 201) 670-0006 (x100)
Facsimile (201) 670-0009

WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.

YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM

BILL WOULD MAKE UNAUTHORIZED LAW PRACTICE 3D-DEGREE CRIME

Legislation is on a fast track in the State of New Jersey Assembly would increase the level of criminality of practicing law without a license in New Jersey and create a civil cause of action for victimized clients. The bill, A-1050, backed by the State Bar Association and with no vocal opponents, would upgrade the unauthorized practice of law to a third-degree crime, punishable by a prison term of between three and five years and a $15,000 fine.

The Assembly Judiciary Committee voted 6-0 on March 8th to recommend passage of the bill, aimed largely at notaries public that offer legal services to Hispanic immigrants. In some Latin American and Caribbean countries, the term "notario" or "notario publico" signifies an attorney.

The civil-action provision would allow a court to award damages in an amount of $1,000 or three times the value of all costs incurred by the victim as a result of the criminal activity, whichever is greater, along with counsel fees and costs.


NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006 (x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM

SUPREMES PROTECT RIGHT TO IMMIGRATION ADVICE:

We applaud today’s Supreme Court decision on the right to counsel for noncitizens charged with committing a crime. The Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court recognized that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions, and that Congress eliminated from these laws the Attorney General’s discretionary authority to cancel removal in meritorious cases. The Court said, “These changes to our immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction”.

TO READ THE WHOLE ARTICLE ABOUT THE CASE GO TO: http://www.immigratelegallyblog.net/

H-1B: The Visa of Choice for Highly Skilled Foreign Nationals in the Scientific Community

See the below link for the complete article-

http://www.visaserve.com/CM/Articles/ARTICLE%20TO%20POST.pdf

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006(x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM

Why Immigration Boosts Wages—and Not Just In California

By Tony Dokoupil | NEWSWEEK
Published Mar 12, 2010

As the white house revives immigration reform—an issue the president is discussing with congressional leaders—it may want to ponder the effects of curbing foreign labor. While immigrants are blamed for dragging down American wages and stealing jobs, University of California, Davis, economist Giovanni Peri comes to a different conclusion. In a National Bureau of Economic Research working paper, Peri trowels through nearly five decades of immigration data and finds that foreign workers have boosted the economy, jacking up average income without crowding out American laborers. For each percentage of the workforce that is foreign-born, he found an almost 0.5 percent bump in average wages. In California, where the percentage of immigrants in the workforce has jumped more than 25 points since 1960, that means an almost 13 percent bonus—roughly $8,000. Immigrants, Peri says, push native-born workers into better-paying positions, expanding the size of the job pie so unskilled Americans aren't left out. What's obvious to an economist, however, is hard to translate into politics. The most popular stances on immigration involve citizenship for illegals already here and border security to shut out everyone else. Less likely to land votes: a guest-worker program that brings in labor to meet demand and keep wages afloat. But without such a program, says Peri, "the U.S. is essentially giving up on gains."

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006(x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM.

THERE IS A NEW PROPOSAL IN TOWN FOR COMPREHENSIVE IMMIGRATION REFORM:

Our immigration system is badly broken. Although our borders have become far more secure in recent years, too many people seeking illegal entry get through. We have no way to track whether the millions who enter the United States on valid visas each year leave when they are supposed to. And employers are burdened by a complicated system for verifying workers' immigration status . . .

http://www.washingtonpost.com/wp-dyn/content/article/2010/03/17/AR2010031703115.html?hpid=opinionsbox1

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006(x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM

DHS Unveils Initiatives to Enhance E-Verify

Release Date: March 17, 2010
For Immediate Release
Office of the Press Secretary
Contact:202-282-8010
Agreement with Department of Justice and Outreach Initiatives Will Strengthen E-Verify for Employers and EmployeesDepartment of Homeland Security (DHS) Secretary Janet Napolitano today joined U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas to announce a trio of initiatives to strengthen the efficiency and accuracy of the EVerify system.

These initiatives include a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination; an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.

“E-Verify is a smart, simple and effective tool that helps employers across the country maintain a legal workforce,” said Secretary Napolitano. “The initiatives announced today will provide essential information to workers about their rights and ensure that E-Verify is used fairly while bolstering the Department's efforts to protect critical employment opportunities.”

“USCIS continues to partner with our federal colleagues, as well as industry and employee representatives, to build a verification program that is accurate, efficient and fair for employers and workers alike,” said Director Mayorkas. “We lookforward to working with our colleagues in the Department of Justice to ensure the continued integrity and improvement of EVerify.”

“This agreement will better enable us to protect individuals who are authorized to work in this country from national origin or citizenship-status discrimination,” said Assistant Attorney General for Civil Rights Division Thomas Perez. “We will nothesitate to take action against employers who violate our nation’s civil rights laws.”

The Memorandum of Agreement signed between USCIS and the Department of Justice’s Office of Special Counsel for Unfair Immigration-Related Employment Practices establishes a streamlined process for addressing potential cases of discrimination and employer misuse of E-Verify and establishes protocol between USCIS and the Department of Justice for referring mattersthat fall within the agencies’ respective jurisdictions.

The two new, educational training videos, explaining E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish were created by the DHS Office for Civil Rights and Civil Liberties and are viewable at
www.dhs.gov/e-verify and www.youtube.com/ushomelandsecurity.

Additionally, the USCIS E-Verify help line will now offer employees information about the E-Verify process, as well as assistance in completing the Form I-9 (Employment Eligibility Verification). Callers can also use the help line to file complaints about possible discrimination or employer misuse of the E-Verify program. The hotline number is (888) 897-7781and will be active beginning April 5, 2010.

E-Verify is a free, easy-to-use Web-based system—operated in partnership by USCIS and the Social Security Administration—that allows participating employers to electronically verify the employment eligibility of newly-hired employees. More than 192,000 participating employers at more than 705,000 worksites nationwide currently use E-Verify to electronically verify their workers’ employment eligibility. Since Oct. 1, 2009, E-Verify has processed more than six million queries.
For more information, visit www.dhs.gov/e-verify.

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006(x100)
Facsimile (201) 670-0009
WWW.VISASERVE.COM.

U.S. Citizenship and Immigration Services Launches 'The Beacon - The Official Blog of USCIS'

WASHINGTON, March 16 - U.S. Citizenship and Immigration Services (USCIS) recently unveiled The Beacon – the agency's official blog and newest tool that provides immigration-related information and fosters an open dialogue with the public.

The Beacon provides an important resource for information about USCIS as well as a forum through which readers can engage USCIS staff and others who are interested in immigration and naturalization issues. Readers are encouraged to submit their comments, ideas, concerns and constructive criticisms to www.uscis.gov/blog.

USCIS will review all comments prior to posting. Detailed guidance is provided on the blog under the comment policy.

The Beacon can be accessed at www.uscis.gov/blog. For general information on USCIS and its programs, visit www.uscis.gov or call the National Customer Service Center at 800) 375-5283 .
SOURCE U.S. Citizenship and Immigration Services


NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006 (x100)
Facsimile (201) 670-0009
YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.

DOL SECRETARY SOLIS ANNOUNCES THE DEPARTMENT TO EXERCISE ITS AUTHORITY TO CERTIFY U VISAS

"On March 15, 2010 Secretary Solis announced that the Department of Labor (“DOL”) will begin exercising its authority to certify applications for U Nonimmigrant Status Visas ("U Visas")." So, what is the big fuss, you may ask? Well, if U.S. employers take a close look at the rules and regulations . . . it means that the U.S. Department of Labor has another enforcement tool in its “bag of tricks.” The DOL can afford U Visa status to any foreign nationals that help the DOL investigate employers who are involved in Wage and Hour Violations and other Workplace Violations. Employers need to be mindful (more then ever before) that they should carefully follow all of the DOL’s rules and regulations.

CLICK on the link below to read the U Visa Certification Announcement from the DOL: http://www.dol.gov/opa/media/press/opa/opa20100312-fs.htm

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006 (x100)
Facsimile (201) 670-0009

WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.

YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.

OBAMA RE-ASSERTS SUPPORT FOR COMPREHENSIVE IMMIGRATION REFORM IN THE UNITED STATES:

Obama said he told the senators and the advocacy groups that "my commitment to comprehensive immigration reform is unwavering, and that I will continue to be their partner in this important effort."

The immigration issue is an important one for Obama, who has promised to work to solve the problem. Hispanics voted heavily for Obama in the 2008 presidential election, making the difference in key states like Florida, and their votes will be critical in the November midterm elections when Obama and his fellow Democrats will be fighting to maintain control of the House and Senate.

SEE THE FULL STORY HERE:

http://www.google.com/hostednews/ap/article/ALeqM5iAz1xnYABI7nnmHD_ntXdzZWudyAD9ECP9U02

NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone(201) 670-0006 (x100)
Facsimile (201) 670-0009

WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.

YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.

ICE serves 180 audit notices to businesses in 5 states Employment records will be screened for compliance with federal law.

NEW ORLEANS - U.S. Immigration and Customs Enforcement (ICE) is issuing Notices of Inspection (NOIs) to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.

Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative is part of ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Raymond R. Parmer, Jr. acting special agent in charge of the ICE Office of Investigations in New Orleans.


Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity
document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.

In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The initiative being launched today is a direct result of this new strategy.
-- ICE --

Nachman & Associates, P.C. February E-zine for blog postings is: http://archive.constantcontact.com/fs092/1011188341227/archive/1103095194445.html

Link to N&A E-zine Archive: http://archive.constantcontact.com/fs092/1011188341227/archive/1102948994130.html
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006(x100)
Facsimile (201) 670-0009

THE NEUFELD MEMO CAN CHANGE THE WHOLE H-1B PROFESSIONAL AND SPECIALTY OCCUPATION VISA LANDSCAPE IN THE UNITED STATES.

By David H. Nachman, Esq., Managing Attorney - Nachman & Associates, P.C.
(Ridgewood, New Jersey, New York City and Canada).

As we have recently reported, H-1B "season" for the 2010-2011 Fiscal Year will begin on April 1st 2010. This means that H-1B employers will be able to submit H-1B nonimmigrant professional and specialty occupation worker visa petitions requesting an October 1st 2010 start date. Our offices continue to remain poised to assist U.S. employers to prepare and submit these petitions.

Recently, the U.S. Department of Homeland Security, Citizenship and Immigration Service ("CIS") implemented several important changes to the H-1B "professional and specialty occupation" work visa program in the U.S.
The changes have alarmed many H-1B employers. Some of the changes included redefining the employer-employee relationship for third-party worksite placements.

The new guidelines were set forth a January Memorandum from the Associate Director of Service Center Operations, Donald Neufeld (the "Neufeld Memo"). While it may be the case that the Neufeld Memo targets consulting companies that place H-1B visaholders at third-party sites, it appears that the document may have a significant impact on U.S. employers who use H-1B nonimmigrant contract consultants to supplement their full-time workforce.

The use of contract consultants (such as H-1B nonimmigrants), especially in an economic downturn or recession continues to be critical to many organizations. For example, oftentimes, information technologies projects are of a limited nature and duration. Organizations find it to be economically feasible to engage the services of temporary consultants as opposed to creating a full-time position.

If inappropriately applied, the guidelines set forth in the Neufeld Memo can result in (1) denials of H-1B amendments and extensions; and (2) denials of entry to the U.S. of H-1B nonimmigrants who have traveled internationally; and (3) increased propensity by CIS for H-1B site visits and H-1B enforcement actions.

The issues raised in the Neufeld Memo are of great concern for H-1B employers as well as H-1B nonimmigrants. The ripple effects of the Neufeld Memo are still spreading. We will continue to monitor any new developments as they surface. For more information about the H-1B nonimmigrant visa or the Neufeld Memo, please feel free to contact our offices at 201-670-0006(X100) or by e-mail at info@visaserve.com.

ARTICLE can be found ON JD SUPRA:
http://www.jdsupra.com/post/documentViewer.aspx?fid=c42905dc-4c8d-4dde-8c47-00eb761f3966

Check out this Link from the Wall Street Journal:

http://online.wsj.com/article/SB10001424052748703510204575085922830174374.html?mod=WSJ_WSJ_US_PoliticsNCampaign_4#

There is more business immigration law in the news about the E-Verify Program (see below). For some U.S. employers the program is mandatory. For others it is still optional.

Feel free to contact Nachman & Associates, P.C. and the VISASERVE Team at info@visaserve.com for more information about the E-Verify Program.
We can also be reached at 201-670-0006 (x100).

ONE BAD APPLE . . .

U.S. says IT firm underpaid H-1B workers
Labor Department seeks $1.9M in back wages and penalty payment from N.J. company
By Patrick Thibodeau

February 24, 2010 06:56 AM ET

Computerworld - The U.S. Department of Labor is alleging that a Newark, N.J., software company, Peri Software Solutions Inc., underpaid its tech workers on H-1B visas and owes some $1.45 million in back wages to 163 people. The Labor Department is also seeking to hit Peri with a $439,000 civil penalty and a two-year debarment from the H-1B program. About 20 H-1B employers are on the department's current list of debarred organizations. Peri officials are not commenting on the action, but Labor Department spokeswoman Leni Fortson said the company is seeking an administrative hearing to challenge the finding. "Everything is contingent upon the outcome of the administrative hearing," she said. In a statement, U.S. Secretary of Labor Hilda L. Solis said that the company's alleged actions "demonstrate the kind of abuses that our laws are designed to prevent. "Every worker deserves to be paid for his or her work, and the Labor Department is committed to holding those companies that violate our nation's labor laws accountable." Specifically, Labor Department investigators contend that Peri failed to pay prevailing wages to workers hired under the H-1B program. The company also "forced employees to sign employment contracts and then sued them when contracts were broken," said the Labor Department. Peri was approved to hire nearly 190 H-1B workers in recent years -- 120 in 2007, 64 in 2008 and three in 2009, according to U.S. Citizenship and Immigration Services records. More broadly, immigration authorities have been increasing enforcement of the H-1B program and demanding more evidence to support visa applications.

Article Appears in Computerworld.

Information Supplied By: NACHMAN & ASSOCIATES, P.C.

Immigration and Nationality Attorneys

VISASERVE PLAZA

487 Goffle Road

Ridgewood, New Jersey 07450

Phone (201) 670-0006 (x100)

Facsimile (201) 670-0009

WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.

YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.

USCIS to Offer Free E-Verify Informational Seminars for Federal Contractors.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) invites federal contractors and subcontractors affected by the Federal Acquisition Regulation (FAR) E-Verify clause to attend a free E-Verify informational seminar on Feb. 23 or 24 at 2451 Crystal Drive, Arlington, Va.
Each two-hour seminar will include a demonstration of the E-Verify system, presentations concerning issues related to the employment verification process, and question and answer segments with government representatives. The seminars are being offered twice each day from 10 a.m. until noon and again from 2 p.m. until 4 p.m.

To register for a seminar, e-mail E-VerifyOutreach@dhs.gov with your company name, telephone number, number of guests, and date and time of desired seminar. Advance reservations are required; a registration confirmation will be provided.

More than 183,000 participating employers nationwide currently use E-Verify to electronically verify their workers’ employment eligibility. Since Oct. 1, 2008, more than 3.9 million employment verification queries have been run through the system and about 97 percent of all queries are now automatically confirmed as work-authorized within 24 hours or less.

USCIS operates E-Verify in partnership with the Social Security Administration. More information on the program is available on the E-Verify Web site at www.dhs.gov/e-verify. E-Verify customer support is also available by calling toll free (888) 464-4218.

Contact Us- Nachman & Associates, P.C. is a Business Immigration Law Office located in NY, NJ and Canada. Nachman & Associates, P.C. provides guidance on I-9 Form issues and with regard to Social Security No-Match issues and E-Verify compliance. Our staff of immigration law professionals also assist with visas, green cards and work permits. We are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.

To schedule a consultation, please feel free to contact Nachman & Associates by e-mail at info@visaserve.com or call 1-866-599-3625.

Immigration Reform!

Perhaps this is too much common sense but . . . given these statistics . .
. is "now" not the best time to implement some form of comprehensive immigration law reform in the U.S.? Or, typical of the "reactive"
nature of the U.S. government, we can just sit and wait until the problem continues to spiral out of control? Thoughts?

SEE THIS LINK:
http://www.rttnews.com/Content/GeneralNews.aspx?Node=B1&Id=1206724

When traditional immigration approaches do not work, we analyze a candidate's resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers.

Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.

To schedule a consultation, please feel free to contact Nachman & Associates by e-mail at info@visaserve.com or call us at 1-866-599-3625

Oklahoma Can Enforce E-Verify Portion of its Immigration Law

The 10th U.S. Circuit Court of Appeals has ruled that the state of Oklahoma can enforce the provision of its immigration law requiring state contractors to use the federal government's E-Verify system to prove the legal status of all new hires, lifting a temporary injunction previously granted by a federal district court. However, the appellate court affirmed the lower court's decision to enjoin enforcement of another provision of the law, allowing "authorized" workers who are fired or laid off to sue their employers for discrimination if undocumented workers remain employed.

President's State of the Union Address And The Possibility of Immigration Reform

Wednesday night, President Obama spoke for seventy minutes on the State of our Union. About two of those minutes focused on one of the greatest challenges facing it.

The President talked of health care and jobs and our economy. That was the right thing to do. But the President must acknowledge that fixing our economy, providing health care, putting people back to work and moving America forward cannot be separated from fixing our broken immigration system.

For more information check out:

http://www.huffingtonpost.com/rep-luis-gutierrez/timeline-for-immigration_b_440062.html

The Trials And Tribulations Of Highly Educated Immigrants

The global economy in which we live necessitates that the US be able to attract top foreign talent in order to remain competitive. And the intent of US immigration law is to permit the "the best and the brightest" to enter our labor force. In practice, however, the administration of our law often has just the opposite effect. This article highlights the real-life stories of five talented foreigners, employees of academic institutions, who have been caught up in our immigration system.

TO READ THE ARTICLE CHECK OUT: http://www.ilw.com/articles/2010,0120-donoghue.shtm

U.S. EMPLOYERS ARE SUPPOSED TO LEARN FROM EXAMPLE?

“SSA did not always use the E-Verify program as intended. Specifically, we found that of the 9,311 new employees hired in FYs 2008 and 2009, E-Verify was not used to confirm the employment eligibility of 1,767 (19 percent) new hires; 44 of these new hires would have received an SSA TNC response or been referred to DHS had SSA verified them through E-Verify, and E-Verify was used to confirm the employment eligibility of 7,544 (81 percent) new hires. In addition, we determined that SSA did not always comply with the requirements of the E-Verify MoU. Specifically, we found that SSA had verified the employment eligibility of 26 existing employees because they had applied for new positions in the Agency. In addition, SSA erroneously verified the employment eligibility of 31 volunteers who were not considered Federal employees for any purpose. Furthermore, we found SSA had verified the employment eligibility of at least 18 external candidates who had applied for jobs at SSA but were not hired. Thus, it appeared the Agency used E-Verify procedures for verifying these individuals prior to their hire date, which is prohibited."


SSA OIG, Jan. 2010

The wave of the near future seems to be that we are going to try to solve our Nation’s credit woes with investment by Foreign National Entrepreneurs w

http://abcnews.go.com/Business/invest-us-biz-immigrant-visa/story?id=9513745


However, it is interesting to note that the EB-5 Investor Green Card Program has been, and continues to be, mired with a myriad of issues. In fact, from the “usage” statistics, it is interesting to note the number of these applications that continue to be denied by the CIS over the years.


Our Firm continues to work with clients to determine whether, in fact, the EB-5 Investor Green Card Program is the “right fit” for everyone.


There may be ways for foreign nationals to make investments in the U.S. and get nonimmigrant works visas and ultimately a green card without tying-up capital.