At a November 19, 2009, program put on by the Department of Homeland Security, titled "2009 Government and Employers: Working Together to Ensure a Legal Workforce," Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) office, explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based, this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
2. Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
3. Administrative site visits. These relate to religious worker and H-1B petitions. They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement priorities—specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.
Should anyone receive an inspection notice, it is imperative that you contact an immigration attorney immediately to verify compliance.
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
Friday, November 20, 2009
Thursday, November 19, 2009
BEWARE STRANGERS (FROM ICE) BEARING GIFTS FOR THE THANKSGIVING HOLIDAY.
U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure—alerting business owners that ICE will audit their
hiring records to determine compliance with employment eligibility verification laws.
“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by
cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and
civil enforcement of immigration-related employment laws and imposing smart, tough employer
sanctions to even the playing field for employers who play by the rules.”
The 1,000 businesses served with audit notices this week were selected for inspection as a result of
investigative leads and intelligence and because of the business’ connection to public safety and
national security—for example, privately owned critical infrastructure and key resources. The names
and locations of the businesses will not be released at this time due to the ongoing, law enforcement
sensitive nature of these audits.
Audits involve a comprehensive review of Form I-9s, which employers are required to complete and
retain for each individual hired in the United States. I-9 forms require employers to review and
record each individual’s identity and work eligibility document(s) and determine whether the
document(s) reasonably appear to be genuine and related to that specific individual.
Protecting employment opportunities for the nation’s lawful workforce and targeting employers who
knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all
available civil and administrative tools, including audits. Audits may result in civil penalties and lay
the groundwork for criminal prosecution of employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement
priorities—specifically focusing on dangerous criminal aliens and employers who cultivate illegal
workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy,
ICE identified form I-9 audits as the most important administrative tool in building criminal cases
and bringing employers into compliance with the law.
Should anyone receive an inspection notice, it is imperative that you contact an immigration attorney immediately to verify compliance. We believe that ICE has picked this week specifically because many people will be away on vacation and they will take company’s by surprise. BE PREPARED, BE READY, AND BE VIGILANT. THE ICE MEN COMETH!
hiring records to determine compliance with employment eligibility verification laws.
“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by
cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and
civil enforcement of immigration-related employment laws and imposing smart, tough employer
sanctions to even the playing field for employers who play by the rules.”
The 1,000 businesses served with audit notices this week were selected for inspection as a result of
investigative leads and intelligence and because of the business’ connection to public safety and
national security—for example, privately owned critical infrastructure and key resources. The names
and locations of the businesses will not be released at this time due to the ongoing, law enforcement
sensitive nature of these audits.
Audits involve a comprehensive review of Form I-9s, which employers are required to complete and
retain for each individual hired in the United States. I-9 forms require employers to review and
record each individual’s identity and work eligibility document(s) and determine whether the
document(s) reasonably appear to be genuine and related to that specific individual.
Protecting employment opportunities for the nation’s lawful workforce and targeting employers who
knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all
available civil and administrative tools, including audits. Audits may result in civil penalties and lay
the groundwork for criminal prosecution of employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement
priorities—specifically focusing on dangerous criminal aliens and employers who cultivate illegal
workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy,
ICE identified form I-9 audits as the most important administrative tool in building criminal cases
and bringing employers into compliance with the law.
Should anyone receive an inspection notice, it is imperative that you contact an immigration attorney immediately to verify compliance. We believe that ICE has picked this week specifically because many people will be away on vacation and they will take company’s by surprise. BE PREPARED, BE READY, AND BE VIGILANT. THE ICE MEN COMETH!
ICE workplace audits
On 11/19/09, ICE Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. AILA Doc. No. 09111966.
Immigration Reform in the U.S.
This article (see link below) discusses the recognition for the need for Immigration Reform in the U.S. by none other than Janet Napolitano, the Head of the U.S. Department of Homeland Security. We hope that this initiative will take shape in Early-2010 but any sooner would certainly be welcome.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/14/MNO91AK714.DTL&t
ype=politicshttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/14/MNO9
1AK714.DTL&type=politics
Nachman & Associates, P.C. is a Global Business Immigration Law Office located in NJ, NY and Canada. We handle nonimmigrant (temporary) work visas and PERM Labor Certification Application cases for businesses of all sizes. We also handle family-based immigration law matters including marriage to a foreign national cases. We can also assist with Removal and other immigration law proceedings.
We can be contacted for a consultation at 201-670-0006 (x100) or by e-mail at info@visaserve.com. Please feel free to visit us on the web at www.visaserve.com.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/14/MNO91AK714.DTL&t
ype=politicshttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/11/14/MNO9
1AK714.DTL&type=politics
Nachman & Associates, P.C. is a Global Business Immigration Law Office located in NJ, NY and Canada. We handle nonimmigrant (temporary) work visas and PERM Labor Certification Application cases for businesses of all sizes. We also handle family-based immigration law matters including marriage to a foreign national cases. We can also assist with Removal and other immigration law proceedings.
We can be contacted for a consultation at 201-670-0006 (x100) or by e-mail at info@visaserve.com. Please feel free to visit us on the web at www.visaserve.com.
Monday, November 16, 2009
Don’t Be Caught Off-Guard: CIS H-1B Site Visits are in Full Swing.
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.
The objective of the unannounced on-site visits is clear: to detect fraud and abuses of the visa program. According to USCIS, the offenses range from technical violations to outright fraud, with the most common violation being the non- payment of a prevailing wage to the H-1B beneficiary. More specifically, the investigators may be looking for the following types of violations: job location not listed on the H-1B petition and/or LCA; H-1B worker not receiving the required wage; fraudulent H-1B documents or H-1B worker credentials; non-existent business or office location; job duties significantly different from those listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.
How can you prepare yourself and your company for a possible site visit? Step one is to ensure that you have Public Access Files (PAF) for each H-1B worker, and that the PAF documents are accurate and up to date. In general, it is a good idea to review and audit your H-1B/LCA records to make sure everything is in order and all information is readily available. Designate a specific individual at each H-1B worker location to meet the investigator should he/she arrive. Prepare a quick list of facts about the company and also a listing of H-1B workers, work locations, title and salary information so you don’t need to search frantically for this information while the investigator is there. If you are not sure what a PAF is, or if you’d like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail below.
About Nachman & Associates, P.C.
The Business and Corporate Immigration Attorneys at our Firm have focused their practice, for over a decade and a half, on assisting companies that employ highly-skilled foreign nationals in visa applications. We serve our clients' business objectives. A natural extension of that service is counsel that helps the client to avoid the disruption and expense of ICE audits, recent CIS actions and the consequences of being found to be out of compliance with any number of regulations related to immigration and employment.
Our Business Immigration Attorneys can organize and conduct a review of records, assist in establishing procedures to reduce exposure to liability, and participate in training of managers to comply with the numerous requirements imposed by the US Department of Homeland Security.
Contact us for more information: Website: http://www.visaserve.com
Phone: 201-670-0006
E-mail: info@visaserve.com
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.
The objective of the unannounced on-site visits is clear: to detect fraud and abuses of the visa program. According to USCIS, the offenses range from technical violations to outright fraud, with the most common violation being the non- payment of a prevailing wage to the H-1B beneficiary. More specifically, the investigators may be looking for the following types of violations: job location not listed on the H-1B petition and/or LCA; H-1B worker not receiving the required wage; fraudulent H-1B documents or H-1B worker credentials; non-existent business or office location; job duties significantly different from those listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.
How can you prepare yourself and your company for a possible site visit? Step one is to ensure that you have Public Access Files (PAF) for each H-1B worker, and that the PAF documents are accurate and up to date. In general, it is a good idea to review and audit your H-1B/LCA records to make sure everything is in order and all information is readily available. Designate a specific individual at each H-1B worker location to meet the investigator should he/she arrive. Prepare a quick list of facts about the company and also a listing of H-1B workers, work locations, title and salary information so you don’t need to search frantically for this information while the investigator is there. If you are not sure what a PAF is, or if you’d like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail below.
About Nachman & Associates, P.C.
The Business and Corporate Immigration Attorneys at our Firm have focused their practice, for over a decade and a half, on assisting companies that employ highly-skilled foreign nationals in visa applications. We serve our clients' business objectives. A natural extension of that service is counsel that helps the client to avoid the disruption and expense of ICE audits, recent CIS actions and the consequences of being found to be out of compliance with any number of regulations related to immigration and employment.
Our Business Immigration Attorneys can organize and conduct a review of records, assist in establishing procedures to reduce exposure to liability, and participate in training of managers to comply with the numerous requirements imposed by the US Department of Homeland Security.
Contact us for more information: Website: http://www.visaserve.com
Phone: 201-670-0006
E-mail: info@visaserve.com
Friday, November 13, 2009
USCIS Update: Temporary Acceptance of H-1B Petitions Without Department of Labor Certified Labor Condition Applications (LCAs)
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).
USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified. Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications. Affected employers and beneficiaries have reported being negatively impacted by DOL’s increased processing times which currently delays their ability to file H-1B petitions with USCIS. DOL expects that the current increase in LCA processing times is temporary.
As a public accommodation, USCIS will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA.
Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. USCIS will only approve H-1B petitions that include certified LCAs.
USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified. Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications. Affected employers and beneficiaries have reported being negatively impacted by DOL’s increased processing times which currently delays their ability to file H-1B petitions with USCIS. DOL expects that the current increase in LCA processing times is temporary.
As a public accommodation, USCIS will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA.
Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. USCIS will only approve H-1B petitions that include certified LCAs.
CIS to Temporarily Accept H-1B Filing Absent Certified LCA
On November 11, 2009, USCIS released a November 5, 2009, announcement indicating that it will temporarily accept H-1B petitions filed without Labor Condition Applications that have been certified by the Department of Labor.
USCIS Launches Informational Video on the SAVE Program
On November 6, 2009, CIS posted an informational video on its website that provides an overview of the agency's Systematic Alien Verification for Entitlements (SAVE) program. The new video describes the immigration status verification process and explains how federal, state, and local benefit-granting agencies can apply to participate in the program.
Issues at US Consulates abroad when visa processing.
One of the most frustrating aspects of immigration practice is when the U.S. Consulate Office places a Visa Application under so-called "Administrative Review". There could be any number of reasons that a case falls under Administrative Review. For example, a case may present issues and the Officer feels that the Application/Petition needs to be sent back to CIS for clarification.This process is called a "Notice of Intent to Revoke".
Another reason may be because the area of occupational endeavor of the visa applicant is listed on the Technical Alert List ("TAL"). Another reason for the "hold" may be that the applicant is from a country that is recognized for condoning the acts of terrorism. As a result, the case may be sent to the U.S. Department of State ("DOS") for an Advisory Opinion. Such Advisory Opinions are termed "Visa Eagles" or "Visa Donkeys." Often these cases can take many months to process.
Lately, our offices have been called upon to assist individuals who have received Application denials or information requests at U.S. Consulate Offices abroad. The way that these matters are handled depends upon several factors including (but not limited to): (1) the Nationality of the Applicant; (2) the Consulate where the Application was made; (3) the nature of the visa classification requested; (4) the cue for Advisory Opinions at the DOS.
If you or any member of your staff requires assistance with Consulate Processing at the U.S. Consulate abroad or in connection with any post-9/11 registration immigration program (see below), please feel free to contact us at info@visaserve.com.
Another reason may be because the area of occupational endeavor of the visa applicant is listed on the Technical Alert List ("TAL"). Another reason for the "hold" may be that the applicant is from a country that is recognized for condoning the acts of terrorism. As a result, the case may be sent to the U.S. Department of State ("DOS") for an Advisory Opinion. Such Advisory Opinions are termed "Visa Eagles" or "Visa Donkeys." Often these cases can take many months to process.
Lately, our offices have been called upon to assist individuals who have received Application denials or information requests at U.S. Consulate Offices abroad. The way that these matters are handled depends upon several factors including (but not limited to): (1) the Nationality of the Applicant; (2) the Consulate where the Application was made; (3) the nature of the visa classification requested; (4) the cue for Advisory Opinions at the DOS.
If you or any member of your staff requires assistance with Consulate Processing at the U.S. Consulate abroad or in connection with any post-9/11 registration immigration program (see below), please feel free to contact us at info@visaserve.com.
Monday, November 9, 2009
H-1B visa applications lowest since 2003:
"More than six months after the federal government began accepting petitions for work visas popular with Silicon Valley companies, thousands of spots remain open, a reflection of the nation's high unemployment and the political pressure to hire citizens, experts say."
Mercury News, Nov. 1, 2009.
Mercury News, Nov. 1, 2009.
Friday, September 18, 2009
Nachman & Associates, P.C. - Domestic and International Business Immigration Law Events.
TOKYO, JAPAN: U.S. Business Immigration Law Seminar.
Topics To Be Discussed by David Nachman, Esq, and David Sindell, Esq. at this FREE Seminar will include, but not be limited to: U.S. Business Immigration and Nationality Law and Family-based Immigration Options. Investor Visas, H-1B Visas, Intracompany Transferees.
This FREE event is being Co-Sponsored by: Nachman & Associates, P.C. (The VISASERVE TEAM) and The Sindell Law Offices.
DATE: September 30th, 2009
TIME: 2:00 pm - 5:00 pm (4:00 pm - 5:00 pm Q&A)
LOCATION: ANA Intercontinental Hotel Tokyo - RUMINASU Room, 1-12-33 Akasaka Minato-ku Tokyo, Japan
Send an e-mail to info@visaserve.com to register for this event.
RESTAURANTS IN THE U.S: Establishing a U.S. Restaurant - Seminar in Japan.
At this FREE seminar David Nachman, Esq. and David Sindell, Esq. will spend some time discussing formal and informal legal and non-legal issues involved in launching a restaurant business in the U.S. The Seminar will include how to hire staff, register the business and will also provide some practical pointers about how to run a restaurant business in the United States.
DATE: October 1st, 2009
TIME: 2:00 pm-4:00 pm
LOCATION: Tokyo, Japan TBA
Send an e-mail to info@visaserve.com to register for this event.
BANGKOK, THAILAND: U.S. Business and Marriage Immigration Law Seminar.
David Nachman, Esq. and David Sindell, Esq. will be conducting the 2nd in an ongoing series of Seminars in Bangkok, Thailand. Topics to be Discussed at this Seminar will Include: U.S.
Business Immigration and Nationality Laws and Family-based Immigration Options. Investor Visas, H- 1B Visas, Intracompany Transferees.
This Event is being Co-Sponsored by: Nachman & Associates, P.C. (The VISASERVE Team) and The Sindell Law Offices.
DATE: October 5th, 2009
TIME: 9:30 am - 12:30 pm
LOCATION: Nari Hotel, Ayudhya Room, Bangkok, Thailand
Send an e-mail to info@visaserve.com to register for this event.
WALK FOR THE CAUSE: Avon Walk to End Breast Cancer in New York City.
THE VISASERVE TEAM will be among the thousands of people dedicating their weekend to walking as part of the Avon Walk for Breast Cancer. Together, we'll spend countless hours, fundraising, and preparing for the event. We are very excited about being a part of this event as we know it will make a real difference to the millions of people affected by breast cancer. We have raised 1/2 of the money we have pledged to raise . . . We can always use your
support!
DATE: October 10th and 11th, 2009
LOCATION: New York City
Click Here to Donate or to Join the VISASERVE Team . . . - http://rs6.net/tn.jsp?t=w54cn4cab.0.0.lpglyxn6.0&ts=S0407&p=http%3A%2F%2Finfo.avonfoundation.org%2Fsite%2FTR%2FWalk%2FNewYork%3Fpx%3D4927214%26pg%3Dpersonal%26fr_id%3D1850
EMPLOYMENT VERIFICATION UPDATE: E-Verify/I-9 Training for Employers.
This Program will discuss topics such as: updates to the Form I-9, CIS' E-Verify Program, ICE's IMAGE Program, How to Handle Social Security No Match Issues, Anti-Discrimination Provisions of IRCA, and Helpful Tips for Employers.
The Event is being Hosted by: The Employer's Association of New Jersey ("EANJ").
DATE: October 19th, 2009
TIME: 9:00 am - 12:00 pm
LOCATION: Jewish Family Services of Atlantic & Cape May Counties, 607 North Jerome Avenue Margate, NJ
Send an e-mail to info@visaserve.com to register for this event.
E-VERIFY AND ICE UPDATE: E-Verify, I-9's, Social Security No-Match, Nationality Discrimination and the Dynamic Employment Verification Landscape.
At this Seminar David Nachman, Esq. and Victoria Donoghue, Esq. (and Representatives of The Department of Homeland Security) will discuss topics such as: updates to the Form I-9, CIS' E-Verify Program, ICE's IMAGE Program, How to Handle Social Security No Match Issues, Anti-Discrimination Provisions of IRCA, and Helpful Tips for Employers.
This Event is being Hosted by: Garden State Council - Society of Human Resources
Management.
DATE: October 26th, 2009
TIME: 8:00 am - 9:00 am
LOCATION: Ocean Place Resort and Spa, Long Branch, New Jersey
Send an e-mail to info@visaserve.com to register for this event.
IMMIGRATION COMPLIANCE FOR EMPLOYERS: Compliance and Visa Seminar for Japanese Companies.
This Event is being co-sponsored by: Sindell Law Offices and QUICK USA. David Nachman, Esq.
will be discussing I-9 Forms and compliance issues.
DATE: October 28th, 2009
TIME: 1:30 pm - 4:30 pm
LOCATION: The Nippon Club, New York City
Send an e-mail to info@visaserve.com to register for this event.
Topics To Be Discussed by David Nachman, Esq, and David Sindell, Esq. at this FREE Seminar will include, but not be limited to: U.S. Business Immigration and Nationality Law and Family-based Immigration Options. Investor Visas, H-1B Visas, Intracompany Transferees.
This FREE event is being Co-Sponsored by: Nachman & Associates, P.C. (The VISASERVE TEAM) and The Sindell Law Offices.
DATE: September 30th, 2009
TIME: 2:00 pm - 5:00 pm (4:00 pm - 5:00 pm Q&A)
LOCATION: ANA Intercontinental Hotel Tokyo - RUMINASU Room, 1-12-33 Akasaka Minato-ku Tokyo, Japan
Send an e-mail to info@visaserve.com to register for this event.
RESTAURANTS IN THE U.S: Establishing a U.S. Restaurant - Seminar in Japan.
At this FREE seminar David Nachman, Esq. and David Sindell, Esq. will spend some time discussing formal and informal legal and non-legal issues involved in launching a restaurant business in the U.S. The Seminar will include how to hire staff, register the business and will also provide some practical pointers about how to run a restaurant business in the United States.
DATE: October 1st, 2009
TIME: 2:00 pm-4:00 pm
LOCATION: Tokyo, Japan TBA
Send an e-mail to info@visaserve.com to register for this event.
BANGKOK, THAILAND: U.S. Business and Marriage Immigration Law Seminar.
David Nachman, Esq. and David Sindell, Esq. will be conducting the 2nd in an ongoing series of Seminars in Bangkok, Thailand. Topics to be Discussed at this Seminar will Include: U.S.
Business Immigration and Nationality Laws and Family-based Immigration Options. Investor Visas, H- 1B Visas, Intracompany Transferees.
This Event is being Co-Sponsored by: Nachman & Associates, P.C. (The VISASERVE Team) and The Sindell Law Offices.
DATE: October 5th, 2009
TIME: 9:30 am - 12:30 pm
LOCATION: Nari Hotel, Ayudhya Room, Bangkok, Thailand
Send an e-mail to info@visaserve.com to register for this event.
WALK FOR THE CAUSE: Avon Walk to End Breast Cancer in New York City.
THE VISASERVE TEAM will be among the thousands of people dedicating their weekend to walking as part of the Avon Walk for Breast Cancer. Together, we'll spend countless hours, fundraising, and preparing for the event. We are very excited about being a part of this event as we know it will make a real difference to the millions of people affected by breast cancer. We have raised 1/2 of the money we have pledged to raise . . . We can always use your
support!
DATE: October 10th and 11th, 2009
LOCATION: New York City
Click Here to Donate or to Join the VISASERVE Team . . . - http://rs6.net/tn.jsp?t=w54cn4cab.0.0.lpglyxn6.0&ts=S0407&p=http%3A%2F%2Finfo.avonfoundation.org%2Fsite%2FTR%2FWalk%2FNewYork%3Fpx%3D4927214%26pg%3Dpersonal%26fr_id%3D1850
EMPLOYMENT VERIFICATION UPDATE: E-Verify/I-9 Training for Employers.
This Program will discuss topics such as: updates to the Form I-9, CIS' E-Verify Program, ICE's IMAGE Program, How to Handle Social Security No Match Issues, Anti-Discrimination Provisions of IRCA, and Helpful Tips for Employers.
The Event is being Hosted by: The Employer's Association of New Jersey ("EANJ").
DATE: October 19th, 2009
TIME: 9:00 am - 12:00 pm
LOCATION: Jewish Family Services of Atlantic & Cape May Counties, 607 North Jerome Avenue Margate, NJ
Send an e-mail to info@visaserve.com to register for this event.
E-VERIFY AND ICE UPDATE: E-Verify, I-9's, Social Security No-Match, Nationality Discrimination and the Dynamic Employment Verification Landscape.
At this Seminar David Nachman, Esq. and Victoria Donoghue, Esq. (and Representatives of The Department of Homeland Security) will discuss topics such as: updates to the Form I-9, CIS' E-Verify Program, ICE's IMAGE Program, How to Handle Social Security No Match Issues, Anti-Discrimination Provisions of IRCA, and Helpful Tips for Employers.
This Event is being Hosted by: Garden State Council - Society of Human Resources
Management.
DATE: October 26th, 2009
TIME: 8:00 am - 9:00 am
LOCATION: Ocean Place Resort and Spa, Long Branch, New Jersey
Send an e-mail to info@visaserve.com to register for this event.
IMMIGRATION COMPLIANCE FOR EMPLOYERS: Compliance and Visa Seminar for Japanese Companies.
This Event is being co-sponsored by: Sindell Law Offices and QUICK USA. David Nachman, Esq.
will be discussing I-9 Forms and compliance issues.
DATE: October 28th, 2009
TIME: 1:30 pm - 4:30 pm
LOCATION: The Nippon Club, New York City
Send an e-mail to info@visaserve.com to register for this event.
Thursday, September 10, 2009
District Court Upholds Mandatory E-Verify Rule for Federal Contractors and Attorneys Seek Emergency Injunction on Federal Contractor E-Verify Rule.
This is a reminder for federal contractors and subcontractors that effective September 8th, 2009, they will be required to use the E-Verify system to verify their employees' eligibility to work in the United States if their contract includes a Federal Acquisition Regulation ("FAR") E-Verify Clause. In July, the U.S. Department of Homeland Security ("DHS") Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration's support for the regulation that will award federal contracts only to employers who use E-Verify to verify employee work authorization.
In late August, The United States District Court for the District of Maryland, Southern Division, granted Defendants' cross- motion for summary judgment in Chamber of Commerce of the USA v. Napolitano, a case challenging the mandatory E-Verify rule for federal contractors.
On September 1st, 2009, Counsel in Chamber of Commerce of the U.S.A. et. al. v. Napolitano (S.D.MD, August 26, 2009) sought an emergency injunction seeking yet another delay against the district court's decision regarding the implementation of the Federal Contractor E-Verify Rule.
More Information About E-Verify and Federal Contractors Obligations:
Under these new guidelines, Employment Eligibility Verification will extend the use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act Funds. Applicable federal contracts awarded and solicitations issued after September 8th, 2009 will include a clause requiring government contractors to use the E-Verify system.
Companies awarded a contract with the E-Verify clause on or after September 8th will be required to enroll in E-Verify within 30 days of the contract award date. E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not (and existing employees directly working on these contracts) are legally authorized to work in the United States.
More than 145,000 participating employers at nearly 550,000 worksites nationwide currently use E-Verify to electronically verify their workers' employment eligibility. Since October 1st, 2008, more than 7.6 million employment verification queries have been run through the E-Verify system and approximately 97 percent of all queries are now automatically confirmed as work-authorized within 24 hours or less.
More information on the program is available on the "E-Verify" Web site link (www.dhs.gov/e-verify) and support is available by calling toll free (888) 464-4218.
In late August, The United States District Court for the District of Maryland, Southern Division, granted Defendants' cross- motion for summary judgment in Chamber of Commerce of the USA v. Napolitano, a case challenging the mandatory E-Verify rule for federal contractors.
On September 1st, 2009, Counsel in Chamber of Commerce of the U.S.A. et. al. v. Napolitano (S.D.MD, August 26, 2009) sought an emergency injunction seeking yet another delay against the district court's decision regarding the implementation of the Federal Contractor E-Verify Rule.
More Information About E-Verify and Federal Contractors Obligations:
Under these new guidelines, Employment Eligibility Verification will extend the use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act Funds. Applicable federal contracts awarded and solicitations issued after September 8th, 2009 will include a clause requiring government contractors to use the E-Verify system.
Companies awarded a contract with the E-Verify clause on or after September 8th will be required to enroll in E-Verify within 30 days of the contract award date. E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not (and existing employees directly working on these contracts) are legally authorized to work in the United States.
More than 145,000 participating employers at nearly 550,000 worksites nationwide currently use E-Verify to electronically verify their workers' employment eligibility. Since October 1st, 2008, more than 7.6 million employment verification queries have been run through the E-Verify system and approximately 97 percent of all queries are now automatically confirmed as work-authorized within 24 hours or less.
More information on the program is available on the "E-Verify" Web site link (www.dhs.gov/e-verify) and support is available by calling toll free (888) 464-4218.
Thursday, July 16, 2009
ICE NEWS-Krispy Kreme fined after I-9 audit
CINCINNATI - U.S. Immigration and Customs Enforcement (ICE) and the Butler County Sheriff's Office announced today a $40,000 fine settlement reached with the Krispy Kreme Doughnut Corporation for violations of immigration laws.
ICE conducted an I-9 inspection of Krispy Kreme after receiving information from the Butler County Sheriff's Office which revealed the company had employed dozens of illegal aliens at one of their doughnut factories in Cincinnati.
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
"Employers have a responsibility to hire men and women who are authorized to work in the United States and fines are an important component of ensuring their compliance," said Brian Moskowitz, special agent in charge of the ICE Office of Investigations in Michigan and Ohio. "ICE will use the legal tools at its disposal to address those who neglect or falter in their corporate responsibilities."
The audit also revealed violations to the Immigration and Nationality Act. In September 2007, ICE issued a notice of Intent to Fine. The fine was settled Friday.
As part of the settlement, the company has taken measures to revise its immigration compliance program, and has agreed to begin implementing new procedures to prevent future violations of federal immigration laws.
In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. Last week, ICE announced as part of this initiative, 652 businesses around the country would be audited to determine their compliance.
As we have informed our clients in the past and on an ongoing basis, the implementation and use of an immigration compliance plan is of great assistance in negotiating and mitigation of fines with ICE. It is my guess that the fine of $40,000 was very low because the company took an aggressive approach to compliance and showed good faith to ICE in implementing this plan. Stay tuned for more stories as I-9 audits become more commonplace.
ICE conducted an I-9 inspection of Krispy Kreme after receiving information from the Butler County Sheriff's Office which revealed the company had employed dozens of illegal aliens at one of their doughnut factories in Cincinnati.
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
"Employers have a responsibility to hire men and women who are authorized to work in the United States and fines are an important component of ensuring their compliance," said Brian Moskowitz, special agent in charge of the ICE Office of Investigations in Michigan and Ohio. "ICE will use the legal tools at its disposal to address those who neglect or falter in their corporate responsibilities."
The audit also revealed violations to the Immigration and Nationality Act. In September 2007, ICE issued a notice of Intent to Fine. The fine was settled Friday.
As part of the settlement, the company has taken measures to revise its immigration compliance program, and has agreed to begin implementing new procedures to prevent future violations of federal immigration laws.
In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. Last week, ICE announced as part of this initiative, 652 businesses around the country would be audited to determine their compliance.
As we have informed our clients in the past and on an ongoing basis, the implementation and use of an immigration compliance plan is of great assistance in negotiating and mitigation of fines with ICE. It is my guess that the fine of $40,000 was very low because the company took an aggressive approach to compliance and showed good faith to ICE in implementing this plan. Stay tuned for more stories as I-9 audits become more commonplace.
Tuesday, July 14, 2009
652 businesses nationwide being served with audit notices.
U.S. Immigration and Customs Enforcement (ICE) is launching a bold, new audit initiative today by issuing Notices of Inspection (NOIs) to 652 businesses nationwide - which is more than ICE issued throughout all of last fiscal year. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.
Wednesday, July 1, 2009
Immigration Reform!
Is it a false start (again) or are we really off to the races? Senator Schumer seems to have announced the starting point of this year's immigration reform debate. In an article in the Washington Post, Senator Schumer has outlined what he sees as the template for immigration reform. Spencer Hsu, of Washington Post reports that Schumer sees immigration reform:
"requiring that an estimated 12 million illegal immigrants register with the government and "submit to a rigorous process to convert to legal status" or face immediate deportation. [The][l]egislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers."
Senator Schumer is calling for a National ID card (something to displease everyone):
"Schumer's proposal for a national 'biometric' identification system to verify work documents -- based on fingerprints, iris scans or digital photographs -- stems from a key weakness of past immigration overhaul efforts . . . " and omits a temporary worker visa program.
These issues were key points for the overall package of immigration reform that were discussed in a meeting at the White House between President Obama and numerous key Senators and Congressman the other day. We will continue to keep our readership apprised of any new developments in the immigration reform arena. For more information, please feel free to e-mail us at info@visaserve.co m. You can also call us at 201- 670-0006 (x107).
"requiring that an estimated 12 million illegal immigrants register with the government and "submit to a rigorous process to convert to legal status" or face immediate deportation. [The][l]egislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers."
Senator Schumer is calling for a National ID card (something to displease everyone):
"Schumer's proposal for a national 'biometric' identification system to verify work documents -- based on fingerprints, iris scans or digital photographs -- stems from a key weakness of past immigration overhaul efforts . . . " and omits a temporary worker visa program.
These issues were key points for the overall package of immigration reform that were discussed in a meeting at the White House between President Obama and numerous key Senators and Congressman the other day. We will continue to keep our readership apprised of any new developments in the immigration reform arena. For more information, please feel free to e-mail us at info@visaserve.co m. You can also call us at 201- 670-0006 (x107).
Subscribe to:
Posts (Atom)
