Thursday, May 20, 2010

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

Friday, May 14, 2010

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

Tuesday, May 11, 2010

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

Monday, May 3, 2010

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