H.R. 3012 – Fairness for High-Skilled Immigrants Act

H.R. 3012, the Fairness for High-Skilled Immigrants Act, introduced on September 22, 2011 by Rep. Chaffetz (R-UT), eliminates the employment-based per-country cap entirely by fiscal year 2015 and raises the family-sponsored per-country cap from 7% to 15%.

On 10/27/11, the House Judiciary Committee held a markup and H.R. 3012 was reported favorably out of committee by a voice vote. An amendment from Rep. Lofgren (D-CA) that would make adjustments to the three year phase-in period was accepted. H.R. 3012 must next be scheduled for House floor debate which may occur in the next few weeks.

On 11/29/11 the House passed H.R. 3012, the Fairness for High-Skilled Immigrants Act by a vote of 389-15 with no additional amendments. The measure now moves on to the Senate for consideration.

USCIS launched the new E-Verify Self-Check feature

In March of this year, USCIS launched the new E-Verify Self-Check feature, an innovative service that allows individuals in the United States to check their own employment eligibility status before formally seeking employment. This voluntary, free, fast, and secure service gives users the opportunity to submit corrections of any inaccuracies in their DHS and Social Security Administration records before applying for jobs, thereby making the process more efficient for employees and employers. The Self Check service is currently available in both English and Spanish to users who maintain an address in 21 states and the District of Columbia. Self Check will be available nationwide by March 2012.

USCIS has continued to improve E-Verify's accuracy and efficiency, enhance customer service, and reduce fraud and misuse in a number of additional ways. To improve E-Verify's accuracy, USCIS reduced mismatches for naturalized and derivative U.S. citizens by adding naturalization data and U.S. passport data to E-Verify. Because of this enhancement, in Fiscal Year 2011, more than 80,000 queries that previously would have received an initial mismatch requiring correction at the secondary verification stage were automatically verified as employment authorized. In June 2010, E-Verify launched improved navigational tools to enhance ease-of-use, minimize errors, and bolster compliance with clear terms of use. USCIS also has increased its staff dedicated to E-Verify monitoring and compliance, adding 80 staff positions to support monitoring and compliance since the beginning of Fiscal Year 2010. Finally, to more effectively address identity theft, USCIS now allows for the verification of passport photos through the E-Verify system.


http://www.dhs.gov/ynews/testimony/20111026-napolitano-house-judiciary.shtm

VLOG - Immigration and Nationality Law - David H. Nachman, Esq. Mitchell Ignatoff, Esq. and Michael Phulwani, Esq.

Immigration and criminal law are two completely separate areas of law that are occasionally intertwined. Unfortunately for many immigrants, the potential immigration implications of a criminal conviction are often overlooked. A seemingly minor criminal offense can have devastating immigration implications. As a result, it is extremely important to be aware of any immigration implications when pleading to a criminal matter, or facing potential criminal penalties. In these segments, David Nachman, Esq. and Michael Phulwani, Esq. and Mitchell Ignatoff, Esq. discuss some of the immigration implications of a criminal convictions for nonimmigrants, green card holders and naturalization. In some cases, waivers may be available.


Immigration and Nationality Law Part 1 (David H. Nachman, Mitchell Ignatoff, and Michael Phulwani)
http://www.youtube.com/watch?v=un0X3TjghBs

Immigration and Nationality Law Part 2 (David H. Nachman, Mitchell Ignatoff, and Michael Phulwani)
http://www.youtube.com/watch?v=6t8VXkfHx3o

Immigration and Nationality Law Part 3 (David H. Nachman, Mitchell Ignatoff, and Michael Phulwani)
http://www.youtube.com/watch?v=KM58a_JBN4c


Immigration and Nationality Law Part 4 (David H. Nachman, Mitchell Ignatoff, and Michael Phulwani)
http://www.youtube.com/watch?v=IfB6Z7bSLu4

On TV ASIA, U.S. Immigration Attorneys David Nachman & Michael Phulwani discuss various U.S. Immigration Law Updates:

1. Public Affair and Immigration Part 1 (David H. Nachman/Michael Phulwani)
http://www.youtube.com/watch?v=SdOzcZ-0Uiw

2. Public Affair and Immigration Part 2 (David H. Nachman/Michael Phulwani)
http://www.youtube.com/watch?v=bBe0nsSBK1Q

3. Public Affair and Immigration Part 3 (David Nachman/Michael Phulwani)
http://www.youtube.com/watch?v=hpVuHbB8hCs

4. Public Affair and Immigration Part 4 (David H. Nachman/Michael Phulwani)
http://www.youtube.com/watch?v=_EkDGN1yPKI

Notifying USCIS of a Change of Address Is Important

It is the sole responsibility of the applicant/petitioner to ensure USCIS has the correct address information on file. For example, USCIS expects to adjudicate 750,000 family-based petitions on or before December 31, 2010. Adjudication of these filings can result in Requests for Evidence (RFEs), and most correspondence sent by USCIS is not forwarded even if a change of address was filed with the U.S. Postal Service. Generally, USCIS denies cases as abandoned when a customer fails to timely respond to an RFE. To ensure that USCIS correspondence is sent to the right address, those seeking benefits must take affirmative steps to notify the agency of address changes.

For more information click check out this link: http://www.dhs.gov/files/publications/gc_1305649739320.shtm

Creative Solutions to Complex Problems
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. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs. 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 e-mail us at info@visaserve.com or call us at 201-670-0006 (x100).

THE NEUFELD MEMO REVISITED AND THE H-1B VISA CLIMATE: The New Face of Enforcement in the H-1B World.

As a result of increased site visits and a general inclination to decrease the number of H-1B’s approved, the U.S. Citizenship and Immigration Services ("USCIS") published a watershed memo on January 8th, 2010 (“the Neufeld Memo”). The Neufeld Memo radically changed the way that H-1B’s were adjudicated. The Neufeld Memo also put enormous pressure on employers to satisfy additional evidence requirements justifying any work performed by an H-1B visa holder off of the H-1B visa petitioner’s premises. Additionally, the Neufeld Memo added additional requirements for H-1B petitioners to obtain H-1B extensions. It is this author’s opinion that as a result of this Neufeld Memo, employers will see automatic requests for evidence in any case where the beneficiary may be performing offsite work and for any H-1B visa extension petition. It continues to be our strong recommendation that employers add a section to their H-1B petitions which cover the issues addressed by the Neufeld Memo. Even one and one half years after this Memo was promulgated.


USCIS is still concerned about whether or not there is a valid employer-employee relationship. The Neufeld Memo basically states that hiring a person to work in the United States requires more than merely paying the wage or placing that person on the payroll of the H-1B petitioning organization. In considering whether or not there is a valid "employer-employee relationship" for purposes of H-1B petition adjudication, USCIS must determine if the employer exercises a sufficient level of "control" over the prospective H-1B employee. Clearly, if the employee will be working "on site" in the H-1B petitioner’s office, doing specific tasks for the petitioner, this will not be viewed as raising a "control" issue. However, with the publication of the Neufeld Memo, it remains our opinion that all employers need to address the "control" issue upon initial submission of an H-1B petition to the USCIS.


The prospective H-1B petitioner organization must be able to establish that it has the "right to control" when, where, and how the prospective H-1B nonimmigrant beneficiary will perform the professional and specialty occupation job and the USCIS will consider the following items to make such a determination (with no one of the following factors being decisive with regard to the issue of "control"):


(1) Does the potential H-1B petitioner supervise the prospective H-1B beneficiary and is such supervision off-site or on-site?

(2) If the supervision is off-site, how does the petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?

(3) Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?

(4) Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?

(5) Does the petitioner hire, pay, and have the ability to fire the beneficiary?

(6) Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?

(7) Does the petitioner claim the beneficiary for tax purposes?

(8) Does the petitioner provide the beneficiary any type of employee benefits?

(9) Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?

(10) Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?

(11) Does the petitioner have the ability to control the manner and means in which the work product of the beneficiary is accomplished?


In addition to the foregoing, the USCIS provides specific examples of employment situations in which the "control" issue is not considered to be problematic. Please note that there are numerous variations of these scenarios and that each employment situation may not fit squarely into the examples provided by the USCIS.


The "Traditional Employment" Scenario:


If the prospective H-1B beneficiary works at an office location owned/leased by the prospective H-1B petitioner and the beneficiary reports directly to the petitioner on a daily basis, the petitioner sets the work schedule of the beneficiary, the beneficiary uses the petitioner's tools/instrumentalities to perform the duties of employment, and the petitioner directly reviews the work-product of the beneficiary. The petitioner claims the beneficiary for tax purposes and provides medical benefits to the beneficiary.


The "Temporary/Occasional Off-Site Employment" Scenario:

The prospective H-1B nonimmigrant petitioner is an accounting firm with numerous clients. The beneficiary is an accountant. The beneficiary is required to travel to different client sites for auditing purposes. In performing such audits, the beneficiary must use established firm practices. If the beneficiary travels to an off-site location outside the geographic location of the employer to perform an audit, the petitioner provides food and lodging costs to the beneficiary. The beneficiary reports to a centralized office when not performing audits for clients and has an assigned office space. The beneficiary is paid by the petitioner and receives employee benefits from the petitioner.

The "Long-Term/Permanent Off-Site Employment" Scenario:

The prospective H-1B nonimmigrant petitioner is an architectural firm and the beneficiary is an architect. The petitioner has a contract with a client to build a structure in a location out of state from the petitioner's main offices. The petitioner will place its architects and other staff at the off-site location while the project is being completed. The contract between the petitioner and client states that the petitioner will manage its employees at the off-site location. The petitioner provides the instruments and tools used to complete the project, the beneficiary reports directly to the petitioner for assignments, and progress reviews of the beneficiary are completed by the petitioner. The underlying contract states that the petitioner has the right to ultimate control of the beneficiary's work.


The USCIS has specifically stated that the following scenarios are now NOT acceptable to meet the "control" issue with regard to H-1B employment:


The "Self-Employed Beneficiaries" Scenario:


The prospective H-1B nonimmigrant petitioner is a fashion merchandising company that is owned by the beneficiary. The beneficiary is a fashion analyst. The beneficiary is the sole operator, manager, and employee of the petitioning company. The beneficiary cannot be fired by the petitioning company. There is no outside entity which can exercise control over the beneficiary. The petitioner has not provided evidence that the corporation, and not the beneficiary herself, will be controlling her work.


The above example (cited in the Neufeld Memo) is similar to a case recently addressed by our office for one of our clients. We have successfully processed a case such as this in the past. However, it is likely that these facts will inevitably lead to a much more complex H-1B case processing procedure by the government.


The USCIS admits that a sole stockholder of a corporation can be employed by a corporation as the corporation is a separate legal entity from its owners and even its sole owner. However, an H-1B beneficiary/employee who owns a majority of the sponsoring entity and who reports to no one but him or her may not be able to establish that a valid employment relationship exists in that the beneficiary. The issue is whether the prospective H-1B nonimmigrant petitioner can establish the requisite "control".


The Neufeld Memo states that the Administrative Appeals Office ("AAO") correctly determined that corporations are separate and distinct from their stockholders and that a corporation may petition for, and hire, their principal stockholders as H-1B nonimmigrant employees. However, the AAO did not reach the question of how, or whether, petitioners must establish that such beneficiaries are bona fide "employees" of "United States employers" having an "employer-employee relationship." While it is correct that a petitioner may employ and seek H-1B classification for a beneficiary who happens to have a significant ownership interest in a petitioner, this does not automatically mean that the beneficiary is a bona fide employee.


What we believe that the USCIS is saying is that if a corporation’s sole shareholder and sole employee is the H-1B nonimmigrant beneficiary, the case is likely to be denied. If the H-1B nonimmigrant beneficiary is one of several shareholders (not a majority shareholder of the corporation and is NOT the sole employee) then the USCIS can approve the case. It appears to be the case that any person who has a small company, where the H-1B beneficiary is one of the main officers or shareholders of the company, will have a very difficult time obtaining an H-1B approval. This was one of the new rules that came out of the Neufeld Memo. In addition, our office continues to find that prospective H-1B nonimmigrant petitioners which have approval of an H-1B already (that fit in this scenario) are likely to have difficulty extending the H-1B nonimmigrant professional and specialty occupation visa on a going forward basis.


The "Independent Contractor" Scenario:


The beneficiary is a sales representative. The prospective H-1B nonimmigrant petitioner is a company that designs and manufactures skis. The beneficiary sells these skis for the petitioner and works on commission. The beneficiary also sells skis for other companies that design and manufacture skis that are independent of the petitioner. The petitioner does not claim the beneficiary as an employee for tax purposes. The petitioner does not control when, where, or how the beneficiary sells its or any other manufacturer's products. The petitioner does not set the work schedule of the beneficiary and does not conduct performance reviews of the beneficiary.


In the past, the USCIS has stated that H-1B nonimmigrants must be employees, which means that they must be paid using a W-2 (and not a 1099). The Neufeld Memo solidifies this long-standing rule and provides a basis for a denial of an H-1B where an H-1B visa holder is treated as an "Independent Contractor".


The "Third-Party Placement/ "Job-Shop"" Scenario:


The prospective H-1B nonimmigrant petitioner is a computer consulting company. The petitioner has contracts with numerous outside companies in which it supplies these companies with employees to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis. The beneficiary is a computer analyst. The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company's payroll. Once placed at the client company, the beneficiary reports to a manager who works for the third-party company. The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company. The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments. The beneficiary’s end-product, the payroll, is not in any way related to the petitioner's line of business, which is computer consulting. The beneficiary's progress reviews are completed by the client' company, not the petitioner.


This scenario eliminates personnel or consulting agency placements for the H-1B nonimmigrant visa category. All placement firms that now use the H-1B visas to place workers at third-party companies whereby the H-1B petitioner’s role is basically relegated to payroll will no longer be able to utilize H-1B visas. The only type of H-1B visas that will be allowed by personnel agencies will be for in-house positions. One good thing that comes out of the Neufeld Memo is that many current H-1B visas, being used by some Indian Job Shops, who place workers in third-party positions, will be permissible only if the "control" issues are appropriately met. As a result of the Neufeld Memo, shabby and ill prepared job shops will slowly be eliminated as they will be unable to use the H-1B classification. Ultimately, this will leave more H-1B visas available for the "traditional" employers.


As previously pointed out, H-1B nonimmigrant professional and specialty occupation worker employers will have an extra burden proving the Employer-Employee relationship on initial H-1B petitions.


The Neufeld Memo states that the prospective H-1B nonimmigrant petitioner can demonstrate an employer-employee relationship by providing a combination of the following or similar types of evidence:


• A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested;


• Copy of signed Employment Agreement between the petitioner and beneficiary detailing the terms and conditions of employment;


• Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary;


• Copy of relevant portions of valid contracts between the petitioner and a client (in which the petitioner has entered into a business agreement for which the petitioner's employees will be utilized) that establishes that while the petitioner's employees are placed at the third-party worksite, the petitioner will continue to have the right to control its employees;


• Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence;


• Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner's discretion over when and how long the beneficiary will work, the method of payment, the petitioner's role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employee benefits, and the tax treatment of the beneficiary in relation to the petitioner;


• A description of the performance review process; and/or


• Copy of petitioner's organizational chart, demonstrating beneficiary's supervisory chain.

Our office continues to suggest to our prospective H-1B nonimmigrant petitioners that employer’s filing initial H-1B petitions submit some or all of this information as part of their petition. If not, the employer should expect an extensive Request For Evidence ("RFE") document from the government requesting detailed information.


The New Rule For H-1B Extension Petitions.

The new rule for H-1B extension petitions is that a beneficiary must continue to establish that a valid employer-employee relationship exists. The prospective H-1B nonimmigrant petitioner can do so by providing evidence that the petitioner continues to have the right to control the work of the beneficiary, as described above. The prospective H-1B nonimmigrant petitioner may also include a combination of the following or similar evidence to document that it maintained a valid employer-employee relationship with the beneficiary throughout the initial H-1B status approval period:

• Copies of the beneficiary's pay records (leave and earnings statements, and pay stubs, etc.) for the period of the previously approved H-1B status;

• Copies of the beneficiary's payroll summaries and/or Form W-2s, evidencing wages paid to the beneficiary during the period of previously approved H-1B status;

• Copy of Time Sheets during the period of previously approved H-1B status;

• Copy of prior years' work schedules;

• Documentary examples of work product created or produced by the beneficiary for the past H-1B validity period, (i.e., copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, designs, blueprints, newspaper articles, web-site text, news copy, photographs of prototypes, etc.). Note: The materials must clearly substantiate the author and date created;
• Copy of dated performance review(s); and/or

• Copy of any employment history records, including but not limited to, documentation showing date of hire, dates of job changes, i.e. promotions, demotions, transfers, layoffs, and pay changes with effective dates.


If USCIS determines, while adjudicating the extension petition, that the prospective H-1B nonimmigrant petitioner failed to maintain a valid employer-employee relationship with the beneficiary throughout the initial approval period, or violated any other terms of its prior H-1B petition, the extension petition may be denied unless there is a compelling reason to approve the new petition (e.g., the petitioner is able to demonstrate that it did not meet all the terms and conditions through no fault of his own.)


Until the promulgation of the Neufeld Memo, H-1B extensions have been granted almost automatically as long as the prospective H-1B nonimmigrant petitioner stated that the beneficiary would be performing the same work as previously petitioned for. The Neufeld Memo exponentially increased the number of RFE’s and denials in extension cases.

Our office is convinced that these new and harsh rules are a result of the USCIS site visits and numerous violations USCIS has seen as a result of the site visits. The state of the U.S. economy certainly has not helped the situation any either. USCIS will no longer permit employers to flaunt the rules and “business as usual” will no longer be an acceptable mode. We continue to see an uptick in ICE, CIS, and DOL compliance issues. We continue to warn our employer clients about the government scrutiny in many areas where there may be perceive abuse of the U.S. immigration and nationality laws.

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

Stowaways Apprehended by CBP in Vermont - 2 Females Hide in Freight Train from Canada - Friday, July 01, 2011

Norton, VT. - On June 30th, Customs and Border Protection officers at the Port of Norton and Border Patrol agents from Beecher Falls station, apprehended two female stowaways onboard a southbound freight train from Canada.

CBP officers discovered the two U.S. citizen women when the train passed through a Rail Vehicle and Cargo Inspection System imaging station utilizing Non-Intrusive Inspection technologies, revealing anomalies in the freight car. The images produced by the Rail VACIS scan allowed officers to promptly recognize the individuals. Subsequently, officers contacted Border Patrol agents for assistance and both stowaways were taken into custody for further inspections.

Questioning by CBP officials uncovered that the stowaways were making their way across the U.S. and crossed into Canada to visit a friend, and were on their way back to the U.S.. Both stowaways were assessed a $5,000 fine for illegally entering the U.S. without inspection and released from custody.

"The expertise of our CBP officers to effectively discern the images from the Rail VACIS and contact Border Patrol agents in a proficient manner is the type of personnel we need on our frontlines," said Norton Port Director Michel Pariseau. "I commend our officers and Border Patrol agents on their diligence in their duty to keep our border safe."

"I am very proud of the diligence and professionalism demonstrated by these CBP Officers in their ongoing efforts to protect our borders," said Boston Field Office Director Kevin Weeks.

CBP's strategy to border security is a multi-layered approach utilizing personnel, technology, intelligence and partnerships. NII imaging technologies are force multipliers that enable CBP officers and agents to scan or examine larger portions of the stream of commercial traffic for contraband while facilitating the flow of legitimate trade, cargo and passengers.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Contacts For This News Release
Shelbe Benson-Fuller
CBP Public Affairs
Phone: (207) 532-6521

CBP Reminds Travelers about Requirements for Admission into U.S. and I-94 Permit Process.

San Diego – Tuesday, May 24th, 2011 — U.S. Customs and Border Protection (CBP) officials are reminding foreign travelers and Mexican border crossing card (or “laser visa”) holders about requirements to enter the United States, how to obtain an I-94 permit, and when an I-94 permit is required in time for the busy summer travel season. Under U.S. immigration law, an applicant for admission into the U.S. as a temporary visitor for business or pleasure must prove to a CBP officer that their projected stay in the U.S. will be temporary. Unless otherwise exempted, each foreign traveler admitted into the United States is issued an I-94 permit (arrival/departure record), as evidence of the terms of their admission.

Mexican citizens entering the country through the southern land border with a border crossing card (“laser visa”) are exempted from the requirement for an I-94 permit unless they are intending to remain in the U.S. for more than 30-days and/or will travel more than 25 miles from the border. Applicants who present a border crossing card (or laser visa) are not eligible to work in the United States. Those applicants requiring an I-94 permit must demonstrate that they are financially solvent and have sufficiently strong ties to their country of origin, including a home abroad they do not intend to abandon.

“Ties” are the various aspects of a person’s life that bind him or her to his or her country or residence. Some examples of ways to document these ties can be pay stubs for a person’s employment/income, a house or apartment mortgage or rental receipt, bank account records, utility bills, etc. It is not possible to specify the documents applicants for admission should carry, since each applicant’s circumstances vary greatly. Applicants should carry with them whatever documents they think demonstrate their individual circumstances. All traveling family members need to be present during the I-94 application process. The I-94 permit, which costs $6, allows visitors to travel further than 25 miles from the border and remain in the U.S. for more than 30 days.

By U.S. law, a foreign traveler must posses his or her entry documents, and if required, the I-94 permit, with them at all times while in the United States. In addition, at checkpoints, U.S. Border Patrol agents check foreign travelers for entry documents and the I-94 permit. Travelers not in possession of their entry documents and an I-94 permit may have their visa cancelled and be deported from the United States. For more information about the CBP form for an I-94 permit, please visit the CBP Website. The U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Contact For This News Release:
Jacqueline Wasiluk
CBP Public Affairs San Diego
Phone: (619) 744-5245

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

ICE announces expanded list of science, technology, engineering, and math degree programs - Qualifies eligible graduates to extend their post-graduate

U.S. Immigration and Customs Enforcement (ICE) today published an expanded list of science, technology, engineering, and math (STEM) degree programs that qualify eligible graduates on student visas for an Optional Practical Training (OPT) extension-an important step forward in the Obama administration's continued commitment to fixing our broken immigration system and expanding access to the nation's pool of talented high skilled graduates in the science and technology fields. The announcement follows President Obama's recent remarks in El Paso, Texas, where he reiterated his strong support for new policies that embrace talented students from other countries, who enrich the nation by working in science and technology jobs and fueling innovation in their chosen fields here in the United States, as a part of comprehensive reform.

By expanding the list of STEM degrees to include such fields as Neuroscience, Medical Informatics, Pharmaceutics and Drug Design, Mathematics and Computer Science, the Obama administration is helping to address shortages in certain high tech sectors of talented scientists and technology experts-permitting highly skilled foreign graduates who wish to work in their field of study upon graduation and extend their post-graduate training in the United States. Under the OPT program, foreign students who graduate from U.S. colleges and universities are able to remain in the U.S. and receive training through work experience for up to 12 months. Students who graduate with one of the newly-expanded STEM degrees can remain for an additional 17 months on an OPT STEM extension.

Creative Solutions to Complex Problems - 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. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.

Contact Us - 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 Nachman & Associates by e-mail or call 201-670-0006 (x100).

The country they built is a nation of immigrants and a nation of laws, a legacy that shapes the Administration's vision for a 21st century immigration

"The United States reaps numerous and significant economic rewards because we remain a magnet for the best, brightest, and most hardworking from across the globe. Many travel here in the hopes of being a part of an American culture of entrepreneurship and ingenuity, and by doing so strengthen and enrich that culture and in turn create jobs for American workers. From U.S. Steel to Google, Inc., immigrants have long helped America lead the world.

Nearly every American family has their own immigration story. Generations of immigrants braved hardship and great risk to reach our shores in search of a better life for themselves and their families. Their names and actions may not have made it into history books, but they were essential to building this country. Indeed, this constant flow of immigrants has helped make America what it is today. The country they built is a nation of immigrants and a nation of laws, a legacy that shapes the Administration's vision for a 21st century immigration system.”

The Obama Administration has now released a new plan for Comprehensive Immigration Reform in the United States. Click below to learn more about it.

http://www.visaserveblog.com/tp-090109083643/post-110511131423.shtmlhttp://www.visaserveblog.com/tp-090109083643/post-110511131423/immigration_blueprint.pdf

Creative Solutions to Complex Problems - 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. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.
Contact Us - 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 Nachman & Associates by e-mail at info@visaserve.com or please feel free to call 201-670-0006 (x100).

Nachman & Associates, P.C.’s Managing Attorney, David H. Nachman, Esq. Named to New Jersey Super Lawyers 2011.

April 2011 (Ridgewood, NJ) – David H. Nachman, Esq., the Managing Attorney at Nachman & Associates, P.C., has been selected for inclusion in New Jersey Super Lawyers 2011, an exclusive list of the top five percent of the state’s legal practitioners. Mr. Nachman is the Managing Attorney of the Firm which focuses its practice on Immigration & Nationality in the U.S. and Canada. Mr. Nachman has extensive experience counseling clients regarding all types of business immigration law issues, and guides corporations in numerous industries about their policies and programs to facilitate hiring and transferring of foreign nationals and international personnel, using the full array of non-immigrant and immigrant visa categories.

Mr. Nachman is an Adjunct Professor of Paralegal Studies at Fairleigh Dickinson University and he serves on the Advisory Board at Bergen Community College. With offices in New York, New Jersey and Canada, the Firm’s immigration law staff provides visas and green cards and work permits for highly-skilled foreign national workers who are seeking to enter the U.S. from countries all over the world. Nachman & Associates, P.C. has several Canadian Attorneys on their staff who assist with transfers of foreign nationals to Canada.

The full list of New Jersey Super Lawyers appears in the April 2011 issue of New Jersey Monthly Magazine. Nominations for New Jersey Super Lawyers are submitted by those with first-hand knowledge of the top lawyers within the state. Each lawyer selected for inclusion is evaluated on 12 indicators of peer recognition and professional achievement, combined with third-party research.

The staff at the immigration law offices at Nachman & Associates, P.C. 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, the Nachman & Associates, P.C. staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. The VISASERVE 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 201-670-0006 (x100).

April 7, 2011 - The H-1B Cap Count

April 7, 2011 - The H-1B Cap Count - As of April 7, 2011, approximately 5,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 4,500 H-1B petitions for aliens with advanced degrees. For more information about how to petition for an H-1B for a professional and specialty occupation worker visa in the U.S., please feel free to contact the VISASERVE TEAM at info@visaserve.com or, in the alternative, you can call our offices at 201-670-0006.

GAY MARRIAGES GET RECOGNITION: CIS OFFICES ACCEPT SAME SEX MARRIAGE GREEN CARD PETITIONS.

There is a great deal of hype on the web that seems to have its genesis in a report by Newsweek. The issue of "gay rights" continues to percolate on capitol Hill and beyond. The good news is that there may be some ripple effect from the Obama Administration's decision not to defend the Defense of Marriage Act (Pub.L. 104-199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) ("DOMA"). It appears to be the case that we are going to see DOMA being struck down.

In the interim, two CIS offices (Washington, DC and the Baltimore, Maryland, District Offices), have announced that they will not deny I-485, Adjustment of Status Applications. Rather, they have decided to put them on "hold" pending the decision by the Courts. The appears to be destined for the U.S. Supreme Court.

It appears to be the case that legally married same sex couples couples - either married in the U.S. (in States that permit same sex marriages) or in a foreign country that recognizes same sex marriages, will be able to file an I-485 Adjustment of Status Application with a simultaneously filed I-130 Petition for a Foreign National Spouse.

As part of the simultaneous filing of the I-130 and I-485, the foreign national beneficiary should be able to obtain a travel document (Advance Parole Travel Document) and Employment Authorization Document ("EAD") pending the outcome of the case with the CIS. In addition to the foregoing, the move by these two District Offices makes it more difficult for the U.S. Department of Homeland Security to take steps to deport a same sex spouse.

In light of the recent determination, there will now be a strong argument for Legal Counsel to get an Immigration Judge to place such a case on "hold". This is something most judges would ordinarily do pending the outcome of the Court's Determination with regard to a marriage-based petition that ends-up being heard by a Judge.

CIS spokesman Christopher Bentley told Newsweek: "We have not implemented any change in policy and intend to follow the President's directive to continue enforcing the law." For many years our office has been quite pessimistic about the favorable consideration of same sex marriages for "immigration" law purposes. It is great to see some common sense injected into our arcane system of immigration laws.

For more information about the foregoing, please feel free to e-mail us at info@visaserve.com.

CANADIAN IMMIGRATION UPDATE: New LMO Forms Coming!!!

As though the LMO application system was not already onerous enough, Human Resources and Social Development Canada (“HRSDC”) and Citizenship and Immigration Canada (“CIC”) have announced that effective March 25, 2011, the online Labour Market Opinion (“LMO”) application system will be unavailable until a new secure online Web system is installed in June 2011. During this period, all employers can still submit LMO paper application forms by mail or fax to the appropriate Service Canada Centre. The Live-in Caregiver Program online application process will continue to be available without interruption.

In addition, new LMO application forms will be available as of March 25, 2011. These new forms will be specific to each stream under the Temporary Foreign Worker Program such as the Live-in Caregiver Program, the Seasonal Agricultural Worker Program, etc. My staff and I can’t wait to see the impact of the new forms on an already arduous system.

Completed LMO applications received by Service Canada by March 31, 2011, will be processed in accordance with the standard Program requirements. As of April 1, 2011, any LMO request received must be made using the new LMO application forms and will be processed in accordance with the new amendments to the Immigration and Refugee Protection Regulations.

For more information about the LMO and Work Permit process in Canada, please contact our office: veronique_malka@visaserve.com

JAPAN EARTHQUAKE AND RELIEF FROM THE TSUNAMI BY NACHMAN & ASSOCIATES. P.C.

Last week a massive 8.9/9.0 magnitude earthquake hit the Pacific Ocean nearby Northeastern Japan at around 2:46pm on March 11 (JST) causing damage with blackouts, fire and tsunami. There have been and continue to be aftershocks and unanticipated infrastructure issues resulting from the devastation.

In the past, Nachman & Associates, P.C. (The VISASERVE TEAM) has partnered with not-for-profit organizations working on the frontlines of disaster relief and recovery to assist with the coordination of disaster relief funding to aid victims of earthquakes in Turkey, Thailand, Haiti, and other countries throughout the world.

Our heartfelt concern and heartfelt sorrow goes out to any of our clients, friends and/or their families directly impacted by these recent events.
More generally, the members of our Firm send out wishes to the Japanese Nation as a whole for a very rapid recovery.

Our Law Offices continue our relief efforts with regard to the recent incident in Japan. We invite you to visit the website for the Japan Society to provide your assistance directly. You can do so by visiting the web page at:

https://www.japansociety.org//content.cfm?page=japan_earthquake_relief_fund

Alternatively, you can contribute by sending your check to:

Japan Society
333 East 47th Street
New York, New York 10017
Attn: Japan Earthquake Relief Fund

or to

Nachman & Associates, P.C.
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Attn: Japan Division - Japan Earthquake Relief Fund

Please make your checks payable to Japan Society and indicate “Japan Earthquake Relief Fund” on the check. For additional information, please e-mail us at info@visaserve.com or at japanrelief@japansociety.org

Any tax-deductible contributions provided will go to organizations that directly help victims recover from the devastating effects of the earthquake and tsunamis that struck Japan on March 11, 2011.

For information about U.S. and Japanese immigration impacted by the recent events, please visit the "Special Situations" Web page on the USCIS
website:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

US CIS' methodology for verifying the validity and size and function of petitioning organizations for nonimmigrant and immigrant visas.

Nachman & Associates, P.C. (THE VISASERVE TEAM) is pleased to provide you with the following information about the U.S. Department of Homeland Security's methodology for verifying the validity and size and function of petitioning organizations for nonimmigrant and immigrant visas. Of course, not that we are cynics, but every D&B Report we have reviewed for the last 20 years has contained some inaccurate information or misstatement. We are given to understand that the Dunn & Bradstreet (B&B) Database will be at the foundation of the VIBE database. If D&B (or some database of the like) is going to be used for VIBE, there should be a formal way for the petitioner or an authorized representative of the petitioner to challenge and receive damages for inaccurate or misleading information placed in the database. The VIBE program is described by the DHS as follows . . .

Validation Instrument for Business Enterprises (VIBE) Program

Introduction

The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS's adjudications of certain employment-based immigration petitions. VIBE uses commercially available data to validate basic information about companies or organizations petitioning to employ alien workers. USCIS is beta-testing VIBE, and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs).
Background

Currently, when adjudicating employment-based petitions, USCIS primarily relies on paper documentation supplied by the petitioning company or organization to establish the petitioner's eligibility for the requested classification. Petitioners often submit large amounts of paperwork as evidence of their current level of business operations. When petitioners'
paperwork does not sufficiently document the evidence required under the law, USCIS issues a Request for Evidence (RFE) for additional documentation, delaying final adjudication of the petition.

The VIBE Program

VIBE allows USCIS to electronically receive commercially available information from an independent information provider (IIP) about a petitioning company or organization, including:

* Business activities, such as type of business (North American Industry Classification System code), trade payment information and status (active or inactive)
* Financial standing, including sales volume and credit standing
* Number of employees, including onsite and globally
* Relationships with other entities, including foreign affiliates
* Status, for example whether it is a single entity, branch, subsidiary or headquarters
* Ownership and legal status, such as LLC, partnership or corporation
* Company executives
* Date of establishment as a business entity
* Current physical address

A USCIS officer will review all information received through VIBE along with the evidence submitted by the petitioner. Adjudicators will use the information provided from VIBE to verify the petitioner's qualifications.
For example, if a petitioner is seeking L-1 status for a beneficiary, VIBE will help adjudicators confirm that the petitioner has a foreign affiliate, which is a requirement for granting L-1 status. In cases where petitioners must establish ability to pay, information from VIBE will assist in confirming the petitioners' financial viability. USCIS will not deny a petition based upon information from VIBE without first giving a petitioner the opportunity to respond to USCIS's concerns. USCIS will issue an RFE or a Notice of Intent to Deny (NOID) if it is necessary to resolve relevant inconsistencies or other issues that emerge upon review of information supplied by VIBE that are material to the benefit requested. The Immigration Services Officer (ISO) will make a final decision based on the totality of the circumstances.
Immigrant Classifications Included in VIBE

The following I-140 employment-based immigrant classifications will be included in VIBE:

* E12 Outstanding professor or researcher
* E13 Multinational executive or manager
* E21 Member of professions holding an advanced degree or an alien of exceptional ability (with the exception of National Interest Waiver
petitions)
* E31 Skilled Worker
* E32 Professional
* EW3 Unskilled/Other Worker

Additionally, the following I-360 employment-based immigrant classifications will be included in VIBE:

* SD1 Minister of Religion
* SR1 Non-minister in a religious occupation or vocation

The following I-129 employment-based nonimmigrant classifications will also be included in VIBE:

* E-1 Treaty Trader
* E-2 Treaty Investor
* E-3 Member of specialty occupation who is a national of the
Commonwealth of Australia
* H-1B Specialty occupation worker
* H-1B1 Specialty occupation worker from Chile or Singapore
* H-1B2 Worker performing services related to a Department of Defense
(DOD) cooperative
research and development project or co-production project
* H-1B3 Fashion model of distinguished merit and ability
* H-2A Temporary or seasonal agricultural worker
* H-2B Temporary non-agricultural worker
* H-3 Trainee or special education exchange visitor
* L-1A Intra-company transferee in a managerial or executive position
* L-1B Intra-company transferee in a position utilizing specialized
knowledge
* LZ Blanket L petition
* Q-1 International cultural exchange visitor
* R-1 Religious worker
* TN NAFTA professional from Canada or Mexico

At this time, the following classifications will not be included in VIBE due to the very unique eligibility requirements for these classifications:

* E11 Individuals of extraordinary ability
* E21 National interest waiver
* EB-5 Immigrant investor
* O Individuals with extraordinary ability or achievement (including essential support personnel)
* P Internationally recognized athletes and entertainment groups, performers under a reciprocal exchange program, and artists or entertainers under a culturally unique program (including essential support personnel)

Goals of VIBE

By enhancing USCIS's ability to distinguish eligible petitioners more easily from those who may be ineligible, VIBE is expected to increase the efficiency of reviews by USCIS ISOs. In the future, VIBE should reduce the need for petitioners to submit identical paper documentation with each petition to establish their current level of business operations. VIBE should also assist USCIS to reduce the number of RFEs issued to otherwise eligible petitioners.

By providing the same petitioner information to all four USCIS Service Centers, VIBE promotes the consistent review of employment-based immigrant and nonimmigrant petitions. Overall, the information provided by VIBE improves the integrity of employment-based immigrant and nonimmigrant programs and the process for petitioners seeking foreign workers to employ.

Feedback about VIBE

Some petitioners may receive an RFE or NOID referencing information received from the IIP through VIBE. Petitioners are required to respond to these RFEs or NOIDs; failure to respond may result in a denial of the petition. However, USCIS encourages petitioners to bring to our attention any questions related to RFEs or NOIDs involving IIP information USCIS received through VIBE, as well as suggestions for improving the program by contacting us at VIBE-Feedback@dhs.gov.

This page can be found at http://www.uscis.gov/vibe


Last updated: 01/26/2011

Who's Your America Immigration Attorney

Now, what would you do if one of your family members, a sister, brother or parent living across the seas would like to live with you here in the United States? The best thing you can do is to arrange all the necessary documents like the visa and the passports and other important papers and with the help of an America immigration attorney, things can be done swiftly and smoothly. But, of course, you need to find the most reliable of all immigration lawyers. Bear in mind that there is always somebody out there who is a wolf in sheep's clothing- "fly-by-night" lawyers, so to speak. To avoid them, it's best to know more about a certain lawyer. Find out his/her track record. Find somebody who has at least 12 years of experience, has a high overall case approval rate for work for an affordable fee basis, only practices immigration and nationality law, who can represent you competently, diligently and aggressively and of course, who can provide you a personalized attention and a member of the American Immigration Lawyers Association (AILA).

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

DOS Discusses Erroneous Mumbai Visa Bulletin Posting

DOS Discusses Erroneous Mumbai Visa Bulletin Posting
Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting, has provided this additional information:

As you are aware Mumbai has incorrectly listed the India Employment Second preference cut-off date as being “current.” That is incorrect, and the actual cut-off date is: 08MAY06. The problem is that during transmission the cut-off dates in the cable shifted one column to the left. As a result, there were no Family or Employment First/Second preference cut-off dates listed under the Philippines heading.