Norton, VT. - On June 30th, Customs and Border Protection officers at the Port of Norton and Border Patrol agents from Beecher Falls station, apprehended two female stowaways onboard a southbound freight train from Canada.
CBP officers discovered the two U.S. citizen women when the train passed through a Rail Vehicle and Cargo Inspection System imaging station utilizing Non-Intrusive Inspection technologies, revealing anomalies in the freight car. The images produced by the Rail VACIS scan allowed officers to promptly recognize the individuals. Subsequently, officers contacted Border Patrol agents for assistance and both stowaways were taken into custody for further inspections.
Questioning by CBP officials uncovered that the stowaways were making their way across the U.S. and crossed into Canada to visit a friend, and were on their way back to the U.S.. Both stowaways were assessed a $5,000 fine for illegally entering the U.S. without inspection and released from custody.
"The expertise of our CBP officers to effectively discern the images from the Rail VACIS and contact Border Patrol agents in a proficient manner is the type of personnel we need on our frontlines," said Norton Port Director Michel Pariseau. "I commend our officers and Border Patrol agents on their diligence in their duty to keep our border safe."
"I am very proud of the diligence and professionalism demonstrated by these CBP Officers in their ongoing efforts to protect our borders," said Boston Field Office Director Kevin Weeks.
CBP's strategy to border security is a multi-layered approach utilizing personnel, technology, intelligence and partnerships. NII imaging technologies are force multipliers that enable CBP officers and agents to scan or examine larger portions of the stream of commercial traffic for contraband while facilitating the flow of legitimate trade, cargo and passengers.
U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.
Contacts For This News Release
Shelbe Benson-Fuller
CBP Public Affairs
Phone: (207) 532-6521
Wednesday, July 6, 2011
Thursday, May 26, 2011
CBP Reminds Travelers about Requirements for Admission into U.S. and I-94 Permit Process.
San Diego – Tuesday, May 24th, 2011 — U.S. Customs and Border Protection (CBP) officials are reminding foreign travelers and Mexican border crossing card (or “laser visa”) holders about requirements to enter the United States, how to obtain an I-94 permit, and when an I-94 permit is required in time for the busy summer travel season. Under U.S. immigration law, an applicant for admission into the U.S. as a temporary visitor for business or pleasure must prove to a CBP officer that their projected stay in the U.S. will be temporary. Unless otherwise exempted, each foreign traveler admitted into the United States is issued an I-94 permit (arrival/departure record), as evidence of the terms of their admission.
Mexican citizens entering the country through the southern land border with a border crossing card (“laser visa”) are exempted from the requirement for an I-94 permit unless they are intending to remain in the U.S. for more than 30-days and/or will travel more than 25 miles from the border. Applicants who present a border crossing card (or laser visa) are not eligible to work in the United States. Those applicants requiring an I-94 permit must demonstrate that they are financially solvent and have sufficiently strong ties to their country of origin, including a home abroad they do not intend to abandon.
“Ties” are the various aspects of a person’s life that bind him or her to his or her country or residence. Some examples of ways to document these ties can be pay stubs for a person’s employment/income, a house or apartment mortgage or rental receipt, bank account records, utility bills, etc. It is not possible to specify the documents applicants for admission should carry, since each applicant’s circumstances vary greatly. Applicants should carry with them whatever documents they think demonstrate their individual circumstances. All traveling family members need to be present during the I-94 application process. The I-94 permit, which costs $6, allows visitors to travel further than 25 miles from the border and remain in the U.S. for more than 30 days.
By U.S. law, a foreign traveler must posses his or her entry documents, and if required, the I-94 permit, with them at all times while in the United States. In addition, at checkpoints, U.S. Border Patrol agents check foreign travelers for entry documents and the I-94 permit. Travelers not in possession of their entry documents and an I-94 permit may have their visa cancelled and be deported from the United States. For more information about the CBP form for an I-94 permit, please visit the CBP Website. The U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.
Contact For This News Release:
Jacqueline Wasiluk
CBP Public Affairs San Diego
Phone: (619) 744-5245
Information provided by
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009
YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.
Mexican citizens entering the country through the southern land border with a border crossing card (“laser visa”) are exempted from the requirement for an I-94 permit unless they are intending to remain in the U.S. for more than 30-days and/or will travel more than 25 miles from the border. Applicants who present a border crossing card (or laser visa) are not eligible to work in the United States. Those applicants requiring an I-94 permit must demonstrate that they are financially solvent and have sufficiently strong ties to their country of origin, including a home abroad they do not intend to abandon.
“Ties” are the various aspects of a person’s life that bind him or her to his or her country or residence. Some examples of ways to document these ties can be pay stubs for a person’s employment/income, a house or apartment mortgage or rental receipt, bank account records, utility bills, etc. It is not possible to specify the documents applicants for admission should carry, since each applicant’s circumstances vary greatly. Applicants should carry with them whatever documents they think demonstrate their individual circumstances. All traveling family members need to be present during the I-94 application process. The I-94 permit, which costs $6, allows visitors to travel further than 25 miles from the border and remain in the U.S. for more than 30 days.
By U.S. law, a foreign traveler must posses his or her entry documents, and if required, the I-94 permit, with them at all times while in the United States. In addition, at checkpoints, U.S. Border Patrol agents check foreign travelers for entry documents and the I-94 permit. Travelers not in possession of their entry documents and an I-94 permit may have their visa cancelled and be deported from the United States. For more information about the CBP form for an I-94 permit, please visit the CBP Website. The U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.
Contact For This News Release:
Jacqueline Wasiluk
CBP Public Affairs San Diego
Phone: (619) 744-5245
Information provided by
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009
YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.
Friday, May 13, 2011
ICE announces expanded list of science, technology, engineering, and math degree programs - Qualifies eligible graduates to extend their post-graduate
U.S. Immigration and Customs Enforcement (ICE) today published an expanded list of science, technology, engineering, and math (STEM) degree programs that qualify eligible graduates on student visas for an Optional Practical Training (OPT) extension-an important step forward in the Obama administration's continued commitment to fixing our broken immigration system and expanding access to the nation's pool of talented high skilled graduates in the science and technology fields. The announcement follows President Obama's recent remarks in El Paso, Texas, where he reiterated his strong support for new policies that embrace talented students from other countries, who enrich the nation by working in science and technology jobs and fueling innovation in their chosen fields here in the United States, as a part of comprehensive reform.
By expanding the list of STEM degrees to include such fields as Neuroscience, Medical Informatics, Pharmaceutics and Drug Design, Mathematics and Computer Science, the Obama administration is helping to address shortages in certain high tech sectors of talented scientists and technology experts-permitting highly skilled foreign graduates who wish to work in their field of study upon graduation and extend their post-graduate training in the United States. Under the OPT program, foreign students who graduate from U.S. colleges and universities are able to remain in the U.S. and receive training through work experience for up to 12 months. Students who graduate with one of the newly-expanded STEM degrees can remain for an additional 17 months on an OPT STEM extension.
Creative Solutions to Complex Problems - When traditional immigration approaches do not work, we analyze a candidate's resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.
Contact Us - 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 Nachman & Associates by e-mail or call 201-670-0006 (x100).
By expanding the list of STEM degrees to include such fields as Neuroscience, Medical Informatics, Pharmaceutics and Drug Design, Mathematics and Computer Science, the Obama administration is helping to address shortages in certain high tech sectors of talented scientists and technology experts-permitting highly skilled foreign graduates who wish to work in their field of study upon graduation and extend their post-graduate training in the United States. Under the OPT program, foreign students who graduate from U.S. colleges and universities are able to remain in the U.S. and receive training through work experience for up to 12 months. Students who graduate with one of the newly-expanded STEM degrees can remain for an additional 17 months on an OPT STEM extension.
Creative Solutions to Complex Problems - When traditional immigration approaches do not work, we analyze a candidate's resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.
Contact Us - 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 Nachman & Associates by e-mail or call 201-670-0006 (x100).
Thursday, May 12, 2011
The country they built is a nation of immigrants and a nation of laws, a legacy that shapes the Administration's vision for a 21st century immigration
"The United States reaps numerous and significant economic rewards because we remain a magnet for the best, brightest, and most hardworking from across the globe. Many travel here in the hopes of being a part of an American culture of entrepreneurship and ingenuity, and by doing so strengthen and enrich that culture and in turn create jobs for American workers. From U.S. Steel to Google, Inc., immigrants have long helped America lead the world.
Nearly every American family has their own immigration story. Generations of immigrants braved hardship and great risk to reach our shores in search of a better life for themselves and their families. Their names and actions may not have made it into history books, but they were essential to building this country. Indeed, this constant flow of immigrants has helped make America what it is today. The country they built is a nation of immigrants and a nation of laws, a legacy that shapes the Administration's vision for a 21st century immigration system.”
The Obama Administration has now released a new plan for Comprehensive Immigration Reform in the United States. Click below to learn more about it.
http://www.visaserveblog.com/tp-090109083643/post-110511131423.shtmlhttp://www.visaserveblog.com/tp-090109083643/post-110511131423/immigration_blueprint.pdf
Creative Solutions to Complex Problems - When traditional immigration approaches do not work, we analyze a candidate's resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.
Contact Us - 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 Nachman & Associates by e-mail at info@visaserve.com or please feel free to call 201-670-0006 (x100).
Nearly every American family has their own immigration story. Generations of immigrants braved hardship and great risk to reach our shores in search of a better life for themselves and their families. Their names and actions may not have made it into history books, but they were essential to building this country. Indeed, this constant flow of immigrants has helped make America what it is today. The country they built is a nation of immigrants and a nation of laws, a legacy that shapes the Administration's vision for a 21st century immigration system.”
The Obama Administration has now released a new plan for Comprehensive Immigration Reform in the United States. Click below to learn more about it.
http://www.visaserveblog.com/tp-090109083643/post-110511131423.shtmlhttp://www.visaserveblog.com/tp-090109083643/post-110511131423/immigration_blueprint.pdf
Creative Solutions to Complex Problems - When traditional immigration approaches do not work, we analyze a candidate's resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.
Contact Us - 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 Nachman & Associates by e-mail at info@visaserve.com or please feel free to call 201-670-0006 (x100).
Friday, May 6, 2011
Nachman & Associates, P.C.’s Managing Attorney, David H. Nachman, Esq. Named to New Jersey Super Lawyers 2011.
April 2011 (Ridgewood, NJ) – David H. Nachman, Esq., the Managing Attorney at Nachman & Associates, P.C., has been selected for inclusion in New Jersey Super Lawyers 2011, an exclusive list of the top five percent of the state’s legal practitioners. Mr. Nachman is the Managing Attorney of the Firm which focuses its practice on Immigration & Nationality in the U.S. and Canada. Mr. Nachman has extensive experience counseling clients regarding all types of business immigration law issues, and guides corporations in numerous industries about their policies and programs to facilitate hiring and transferring of foreign nationals and international personnel, using the full array of non-immigrant and immigrant visa categories.
Mr. Nachman is an Adjunct Professor of Paralegal Studies at Fairleigh Dickinson University and he serves on the Advisory Board at Bergen Community College. With offices in New York, New Jersey and Canada, the Firm’s immigration law staff provides visas and green cards and work permits for highly-skilled foreign national workers who are seeking to enter the U.S. from countries all over the world. Nachman & Associates, P.C. has several Canadian Attorneys on their staff who assist with transfers of foreign nationals to Canada.
The full list of New Jersey Super Lawyers appears in the April 2011 issue of New Jersey Monthly Magazine. Nominations for New Jersey Super Lawyers are submitted by those with first-hand knowledge of the top lawyers within the state. Each lawyer selected for inclusion is evaluated on 12 indicators of peer recognition and professional achievement, combined with third-party research.
The staff at the immigration law offices at Nachman & Associates, P.C. 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, the Nachman & Associates, P.C. staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. The VISASERVE legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English. To schedule a consultation, please feel free to contact Nachman & Associates by e-mail at info@visaserve.com or call 201-670-0006 (x100).
Mr. Nachman is an Adjunct Professor of Paralegal Studies at Fairleigh Dickinson University and he serves on the Advisory Board at Bergen Community College. With offices in New York, New Jersey and Canada, the Firm’s immigration law staff provides visas and green cards and work permits for highly-skilled foreign national workers who are seeking to enter the U.S. from countries all over the world. Nachman & Associates, P.C. has several Canadian Attorneys on their staff who assist with transfers of foreign nationals to Canada.
The full list of New Jersey Super Lawyers appears in the April 2011 issue of New Jersey Monthly Magazine. Nominations for New Jersey Super Lawyers are submitted by those with first-hand knowledge of the top lawyers within the state. Each lawyer selected for inclusion is evaluated on 12 indicators of peer recognition and professional achievement, combined with third-party research.
The staff at the immigration law offices at Nachman & Associates, P.C. 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, the Nachman & Associates, P.C. staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. The VISASERVE legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English. To schedule a consultation, please feel free to contact Nachman & Associates by e-mail at info@visaserve.com or call 201-670-0006 (x100).
Tuesday, April 12, 2011
April 7, 2011 - The H-1B Cap Count
April 7, 2011 - The H-1B Cap Count - As of April 7, 2011, approximately 5,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 4,500 H-1B petitions for aliens with advanced degrees. For more information about how to petition for an H-1B for a professional and specialty occupation worker visa in the U.S., please feel free to contact the VISASERVE TEAM at info@visaserve.com or, in the alternative, you can call our offices at 201-670-0006.
Monday, March 28, 2011
GAY MARRIAGES GET RECOGNITION: CIS OFFICES ACCEPT SAME SEX MARRIAGE GREEN CARD PETITIONS.
There is a great deal of hype on the web that seems to have its genesis in a report by Newsweek. The issue of "gay rights" continues to percolate on capitol Hill and beyond. The good news is that there may be some ripple effect from the Obama Administration's decision not to defend the Defense of Marriage Act (Pub.L. 104-199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) ("DOMA"). It appears to be the case that we are going to see DOMA being struck down.
In the interim, two CIS offices (Washington, DC and the Baltimore, Maryland, District Offices), have announced that they will not deny I-485, Adjustment of Status Applications. Rather, they have decided to put them on "hold" pending the decision by the Courts. The appears to be destined for the U.S. Supreme Court.
It appears to be the case that legally married same sex couples couples - either married in the U.S. (in States that permit same sex marriages) or in a foreign country that recognizes same sex marriages, will be able to file an I-485 Adjustment of Status Application with a simultaneously filed I-130 Petition for a Foreign National Spouse.
As part of the simultaneous filing of the I-130 and I-485, the foreign national beneficiary should be able to obtain a travel document (Advance Parole Travel Document) and Employment Authorization Document ("EAD") pending the outcome of the case with the CIS. In addition to the foregoing, the move by these two District Offices makes it more difficult for the U.S. Department of Homeland Security to take steps to deport a same sex spouse.
In light of the recent determination, there will now be a strong argument for Legal Counsel to get an Immigration Judge to place such a case on "hold". This is something most judges would ordinarily do pending the outcome of the Court's Determination with regard to a marriage-based petition that ends-up being heard by a Judge.
CIS spokesman Christopher Bentley told Newsweek: "We have not implemented any change in policy and intend to follow the President's directive to continue enforcing the law." For many years our office has been quite pessimistic about the favorable consideration of same sex marriages for "immigration" law purposes. It is great to see some common sense injected into our arcane system of immigration laws.
For more information about the foregoing, please feel free to e-mail us at info@visaserve.com.
In the interim, two CIS offices (Washington, DC and the Baltimore, Maryland, District Offices), have announced that they will not deny I-485, Adjustment of Status Applications. Rather, they have decided to put them on "hold" pending the decision by the Courts. The appears to be destined for the U.S. Supreme Court.
It appears to be the case that legally married same sex couples couples - either married in the U.S. (in States that permit same sex marriages) or in a foreign country that recognizes same sex marriages, will be able to file an I-485 Adjustment of Status Application with a simultaneously filed I-130 Petition for a Foreign National Spouse.
As part of the simultaneous filing of the I-130 and I-485, the foreign national beneficiary should be able to obtain a travel document (Advance Parole Travel Document) and Employment Authorization Document ("EAD") pending the outcome of the case with the CIS. In addition to the foregoing, the move by these two District Offices makes it more difficult for the U.S. Department of Homeland Security to take steps to deport a same sex spouse.
In light of the recent determination, there will now be a strong argument for Legal Counsel to get an Immigration Judge to place such a case on "hold". This is something most judges would ordinarily do pending the outcome of the Court's Determination with regard to a marriage-based petition that ends-up being heard by a Judge.
CIS spokesman Christopher Bentley told Newsweek: "We have not implemented any change in policy and intend to follow the President's directive to continue enforcing the law." For many years our office has been quite pessimistic about the favorable consideration of same sex marriages for "immigration" law purposes. It is great to see some common sense injected into our arcane system of immigration laws.
For more information about the foregoing, please feel free to e-mail us at info@visaserve.com.
Friday, March 25, 2011
CANADIAN IMMIGRATION UPDATE: New LMO Forms Coming!!!
As though the LMO application system was not already onerous enough, Human Resources and Social Development Canada (“HRSDC”) and Citizenship and Immigration Canada (“CIC”) have announced that effective March 25, 2011, the online Labour Market Opinion (“LMO”) application system will be unavailable until a new secure online Web system is installed in June 2011. During this period, all employers can still submit LMO paper application forms by mail or fax to the appropriate Service Canada Centre. The Live-in Caregiver Program online application process will continue to be available without interruption.
In addition, new LMO application forms will be available as of March 25, 2011. These new forms will be specific to each stream under the Temporary Foreign Worker Program such as the Live-in Caregiver Program, the Seasonal Agricultural Worker Program, etc. My staff and I can’t wait to see the impact of the new forms on an already arduous system.
Completed LMO applications received by Service Canada by March 31, 2011, will be processed in accordance with the standard Program requirements. As of April 1, 2011, any LMO request received must be made using the new LMO application forms and will be processed in accordance with the new amendments to the Immigration and Refugee Protection Regulations.
For more information about the LMO and Work Permit process in Canada, please contact our office: veronique_malka@visaserve.com
In addition, new LMO application forms will be available as of March 25, 2011. These new forms will be specific to each stream under the Temporary Foreign Worker Program such as the Live-in Caregiver Program, the Seasonal Agricultural Worker Program, etc. My staff and I can’t wait to see the impact of the new forms on an already arduous system.
Completed LMO applications received by Service Canada by March 31, 2011, will be processed in accordance with the standard Program requirements. As of April 1, 2011, any LMO request received must be made using the new LMO application forms and will be processed in accordance with the new amendments to the Immigration and Refugee Protection Regulations.
For more information about the LMO and Work Permit process in Canada, please contact our office: veronique_malka@visaserve.com
Monday, March 14, 2011
JAPAN EARTHQUAKE AND RELIEF FROM THE TSUNAMI BY NACHMAN & ASSOCIATES. P.C.
Last week a massive 8.9/9.0 magnitude earthquake hit the Pacific Ocean nearby Northeastern Japan at around 2:46pm on March 11 (JST) causing damage with blackouts, fire and tsunami. There have been and continue to be aftershocks and unanticipated infrastructure issues resulting from the devastation.
In the past, Nachman & Associates, P.C. (The VISASERVE TEAM) has partnered with not-for-profit organizations working on the frontlines of disaster relief and recovery to assist with the coordination of disaster relief funding to aid victims of earthquakes in Turkey, Thailand, Haiti, and other countries throughout the world.
Our heartfelt concern and heartfelt sorrow goes out to any of our clients, friends and/or their families directly impacted by these recent events.
More generally, the members of our Firm send out wishes to the Japanese Nation as a whole for a very rapid recovery.
Our Law Offices continue our relief efforts with regard to the recent incident in Japan. We invite you to visit the website for the Japan Society to provide your assistance directly. You can do so by visiting the web page at:
https://www.japansociety.org//content.cfm?page=japan_earthquake_relief_fund
Alternatively, you can contribute by sending your check to:
Japan Society
333 East 47th Street
New York, New York 10017
Attn: Japan Earthquake Relief Fund
or to
Nachman & Associates, P.C.
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Attn: Japan Division - Japan Earthquake Relief Fund
Please make your checks payable to Japan Society and indicate “Japan Earthquake Relief Fund” on the check. For additional information, please e-mail us at info@visaserve.com or at japanrelief@japansociety.org
Any tax-deductible contributions provided will go to organizations that directly help victims recover from the devastating effects of the earthquake and tsunamis that struck Japan on March 11, 2011.
For information about U.S. and Japanese immigration impacted by the recent events, please visit the "Special Situations" Web page on the USCIS
website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD
In the past, Nachman & Associates, P.C. (The VISASERVE TEAM) has partnered with not-for-profit organizations working on the frontlines of disaster relief and recovery to assist with the coordination of disaster relief funding to aid victims of earthquakes in Turkey, Thailand, Haiti, and other countries throughout the world.
Our heartfelt concern and heartfelt sorrow goes out to any of our clients, friends and/or their families directly impacted by these recent events.
More generally, the members of our Firm send out wishes to the Japanese Nation as a whole for a very rapid recovery.
Our Law Offices continue our relief efforts with regard to the recent incident in Japan. We invite you to visit the website for the Japan Society to provide your assistance directly. You can do so by visiting the web page at:
https://www.japansociety.org//content.cfm?page=japan_earthquake_relief_fund
Alternatively, you can contribute by sending your check to:
Japan Society
333 East 47th Street
New York, New York 10017
Attn: Japan Earthquake Relief Fund
or to
Nachman & Associates, P.C.
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Attn: Japan Division - Japan Earthquake Relief Fund
Please make your checks payable to Japan Society and indicate “Japan Earthquake Relief Fund” on the check. For additional information, please e-mail us at info@visaserve.com or at japanrelief@japansociety.org
Any tax-deductible contributions provided will go to organizations that directly help victims recover from the devastating effects of the earthquake and tsunamis that struck Japan on March 11, 2011.
For information about U.S. and Japanese immigration impacted by the recent events, please visit the "Special Situations" Web page on the USCIS
website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD
Tuesday, February 1, 2011
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
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
Thursday, January 20, 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
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
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.
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
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
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
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
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