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/