Wednesday, January 12, 2011

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.

Tuesday, December 21, 2010

The New Export Control Attestation Requirement on Form I-129

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

Wednesday, December 8, 2010

Newark-based firm charged with violating immigration laws

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

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

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

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

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

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

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

Wednesday, November 10, 2010

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

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

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

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

Tuesday, October 26, 2010

NEW TAMPER-PROOF NATURALIZATION CERTIFICATES

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

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

Read the article in USA Today at the following link:

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

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

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

Monday, October 18, 2010

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

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

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

Read the the full text of the memorandum at:

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

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

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

Thursday, October 7, 2010

ICE SUCCESS IN ANOTHER I-9 AUDIT ACTION:

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

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

Friday, October 1, 2010

Abercrombie & Fitch fined after I-9 audit

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

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

Tuesday, September 21, 2010

Why We Need The DREAM Act Now

Why We Need The DREAM Act Now
by Victoria Donoghue

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

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

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

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

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

Thursday, September 9, 2010

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

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

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

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

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

Wednesday, September 1, 2010

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

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

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

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

Wednesday, August 18, 2010

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

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

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

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

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

Friday, August 13, 2010

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

Thursday, June 24, 2010

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

Thursday, June 3, 2010

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