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

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

Validation Instrument for Business Enterprises (VIBE) Program

Introduction

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

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

The VIBE Program

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

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

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

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

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

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

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

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

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

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

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

Goals of VIBE

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

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

Feedback about VIBE

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

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


Last updated: 01/26/2011

Who's Your America Immigration Attorney

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

Nachman & Associates, P.C.
487 Goffle Road
Ridgewood, NJ 07450
Tel. 201-670-0006 x100
Fax. 201-670-0009
Visit our website at www.visaserve.com

DOS Discusses Erroneous Mumbai Visa Bulletin Posting

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

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

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

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

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

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.

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.

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

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.

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

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

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

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

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