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.

Attempted terrorist attack on Northwest Air

The below link is from the TSA about travel in the wake of the attempted terrorist attack on Northwest Air over the holiday. Also, we wish to remind everyone that terrorist acts are exactly that . . . "terroristic". Please do not let restrictionist propaganda confuse "legal" immigration to the U.S. with the selfish, dehumanizing and malicious acts of the radical terrorists "out there".



LINK: http://www.tsa.gov/press/happenings/dec25_guidance.shtm

USCIS Reaches FY 2010 H-1B Cap

"U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010." USCIS, Dec. 22, 2009

Canadians seeking to place inquiry with US CIS

Earlier this month, U.S. Citizenship and Immigration Services (USCIS) announced the creation of a general inquiry e-mail box for customers in Canada. Currently Canadians cannot access the National Customer Service Center through the 1-800 number to ask about general immigration questions, so this e-mail box is good news for Canadians. Canadian customers may now inquire about general immigration information at USCIS.Canada@dhs.gov in addition to obtaining immigration information on the USCIS website (http://www.uscis.gov). The creation of this mailbox signifies a major step in USCIS’ outreach to Canadians since the dissolution of the Immigration and Naturalization Services (INS) Ottawa office in 2003.

To Read More, Click Here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=589250e99e975210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Comprehensive Immigration Reform for America's Security and Prosperity" to be Introduced December 15 on Capitol Hill!

Immigration Reform is on its way!


http://blogs.suntimes.com/sweet/2009/12/rep_luis_gutierrez_renewing_pu.html

Will an accurate Census Report or and inaccurate Census Report bode better for proposed U.S. immigration reform?

http://www.tdn.com/articles/2009/12/06/breaking_news/doc4b1bf21ea00205537671
97.txt

Something to think about. This is an interesting and touchy issue!