H-1B Season is Upon Us . . . Will This Year’s Economy Bring a Lottery?

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the April 1st filing date for “cap” subject H-1B professional and specialty occupations workers. Well, here we go again . . .

April 1st, 2011 marks the first day when prospective H-1B petitioning employers and prospective H-1B employees will be able to apply to the U.S. Department of Labor (“DOL”) for and Labor Condition Application (“LCA”) and Petition to the U.S. Citizenship and Immigration Services (“CIS”) for H-1B visa petitions for employment in the fiscal 2011-2012 year (“FY 2012”). Our advice to our H-1B employer clients continues to be that they need to think about filing H-1B petitions on (or very close to) April 1st for new and existing employees who will be eligible for a first-time H-1B visa to begin their employment on or after October 1st, 2011.

Each Fiscal Year, Congress has mandated an annual cap of 65,000 H-1B visas for “professional and specialty occupation workers” who possess the equivalence of a U.S. Bachelor’s Degree. There are also an additional 20,000 H-1B visas available for individuals who possess the equivalence of a U.S. Master’s Degree or other advanced degrees from U.S. Colleges or Universities. It continues to be the case that H-1B visa petitions filed on behalf of current workers who have been counted previously against the H-1B visa cap are not included in the annual cap established by Congress. Additionally, pursuant to the Chile and Singapore Free Trade Agreement, 6,800 H-1B visas are available exclusively to Chile and Singapore Nationals. This reduces the total allotment of H-1B visas available each fiscal year to 58,200.

For many years, our office assisted students who had to deal with the “cap-gap” issue. However, in 2008, there was some relief. In 2008, a regulation was promulgated that provided “cap-gap” relief for F-1 students with pending H-1B petitions. For example, F-1 student visa holders who received work authorization in Optional Practical Training (OPT) were permitted to extend the authorized period of stay and work authorization as long as they have received approved H-1B visas prior to the expiration of the OPT. Also, many Science, Technology, Engineering and Mathematics (“STEM”) students continue to use the 19 month extension as a way to have the time they need to petition in the appropriate H-1B cycle. However, to get the STEM extensions, the employer needs to be enrolled in E-Verify.

For the last two (2) fiscal years, the H-1B allotment actually lasted for almost eight to nine months. This past year, the H-1B allocation lasted until late January, 2011. However, in previous years, the H-1B allotment was actually exhausted within three (3) days of the H-1B visas becoming available. This required the CIS to conduct a “lottery” and only one of three visas submitted was accepted for processing by the CIS. The demand for H-1B visas this fiscal year may be greater than it was for last year. We keep hearing that “economic recovery” is on the way. For this reason, we continue to advise our H-1B employers to consider filing on April 1st, or as soon thereafter as possible.

Employers Will Soon Feel the VIBE . . . Look Out For A New Validation Instrument for Business Enterprises (“VIBE”).

CIS recently announced that it will start to implement the application of a new web-based tool called the Validation Instrument for Business Enterprises (“VIBE”). The VIBE program is purportedly designed to enhance the speed and accuracy for the adjudication of certain employment-based immigrant and nonimmigrant petitions. The VIBE Program uses public information and previously accumulated data by third party provides to validate data about the organizations that file petitions for the temporary and permanent employment of foreign national workers in the U.S.

The VIBE Program allows CIS to electronically “ping” databases. One such database is Dun & Bradstreet (“D&B”). The D&B database contains information about the petitioner organization including, but not limited to:

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

The idea is that a CIS adjudicator will consider the information submitted by the H-1B petitioner and also compare that information to the information that they glean from VIBE. Since the VIBE database is not fully populated it is likely that H-1B petitions will continue to be met with requests for evidence (“RFEs”), when the H-1B petitions are submitted to the CIS. The receipt by an employer of an RFE is likely to cause delays in processing of the H-1B (even when the cases are submitted with premium processing requests.

As an aside, the CIS recently also announced that they are working on an electronic registration for H-1B employers to attempt to more streamline the process and to avoid the “run on cap-subject H-1Bs” that has occurred in prior years. The CIS recently announced a proposed rule that would establish a system which will allow an H-1B employer to submit an electronic registration prior to the submission of the H-1B. The idea is behind the registration is that before April 1st, the CIS will be able to predict how many visas are being demanded by cap subject H-1B employers/employees. The implementation of this system is still in its genesis and it is not anticipated to be available for employers until 2010.

Other recent changes in the H-1B arena include: (1) that CIS announced a review of its policy on H-1B cap exemptions for nonprofit entities that are related to or affiliated with an institution of higher education (examples include teaching hospitals that are affiliated with medical schools or organizations affiliated with nonprofit colleges or universities; and (2) that U.S. employers seeking to sponsor foreign nationals on H-1B, H-1B1 (Chile/Singapore), L-1 and O-1A visas must certify to compliance with Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). For any additional information about the 2011-2012 “H-1B season”, please feel free to contact our offices at info@visaserve.com

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

USCIS’ Online Tool Allows Workers to Check their Own Employment Authorization Status.

On March 21, 2011, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced the launch of E-Verify Self Check—an innovative service that allows individuals in the United States to check their employment eligibility status before formally seeking employment.

E-Verify Self Check is the first online E-Verify program offered directly to workers and job seekers. This voluntary, free, fast and secure service was developed through a partnership between DHS and the Social Security Administration (SSA).

As of March 21, 2011, E-Verify Self Check is available to users who maintain an address in Arizona, Idaho, Colorado, Mississippi, Virginia or the District of Columbia.

E-Verify Self Check and Workers.
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E-Verify Self Check gives individuals in the United States access to their employment eligibility status and gives them an opportunity to submit corrections to their DHS and SSA records, if necessary, before applying for jobs.

The E-Verify Self Check process consists of four steps:

1. Users enter identifying information online (such as name, date of birth and address).

2. Users confirm their identity by answering demographic and/or financial questions generated by a third-party identity assurance service.

3. Users enter work eligibility information such as a Social Security number and, depending on citizenship status, an Alien Registration number.

4. E-Verify Self Check checks users’ information against relevant SSA and DHS databases and returns information on users’ employment eligibility status.

The information that users provide to E-Verify Self Check and the results of an E-Verify Self Check query are never shared with users’ employers or prospective employers.

The results of a Self Check query do not replace the results of an employer E-Verify query. An individual’s status or information may change between the time they use Self Check and when an employer uses E-Verify. Accordingly, if E-Verify Self Check confirms that an individual is authorized to work in the United States, it does not necessarily mean that a future E-Verify query will find the same individual to be employment authorized.

If Self Check it is unable to confirm employment authorization, individuals are provided with instructions on how to resolve a potential data mismatch in their SSA or DHS records. These instructions are available in English and Spanish.

In addition to E-Verify Self Check, individuals have several ways to confirm their employment eligibility and correct their government records if necessary.

They may:

1. Wait until an employer checks their employment eligibility through E-Verify. If issues arise, employers will inform individuals of the next steps.

2. Request a Social Security Statement from SSA. This statement includes the individual’s full name, date of birth and the last four digits of his or her Social Security number as they appear in SSA records.

Verifying the statement’s accuracy may prevent mismatches during an E-Verify query. To learn more about Social Security Statements and to request a statement, visit www.ssa.gov/mystatement or
contact the USCIS National Customer Service Center (NCSC) at 800-375-5283, TTY 800-767-1833.

Self Check will not affect a user’s credit score. Users viewing their credit reports after using Self Check will see a record of a “soft hit” or “soft inquiry” in the report. Soft hits are not shown to businesses and are not used to calculate credit scores.

Individuals cannot be required to use E-Verify Self Check to prove work authorization. Individuals who are asked by employers or anyone else to run a Self Check query to prove that they are authorized to work in the United States, or who believe they are victims of any other type of discrimination or unfair labor practice related to Self Check, should notify the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices at 800-255-7688.

For general inquiries about Self Check, contact the E-Verify Employee Hotline at (888) 897-7781.

E-Verify Self Check and Employers.

E-Verify Self Check is expected to reduce the number of data mismatches employers experience when using E-Verify and, as a result, will decrease the amount of time and resources they spend resolving those mismatches.

E-Verify Self Check is not for employer use. Employers may not require workers to use Self Check or show Self Check results.

E-Verify employers must continue to run an E-Verify query on each new hire (or existing employee, if applicable), even if the new hires have previously verified their employment status through Self Check. The results of a Self Check query do not replace the results of an E-Verify query.

Employers may not accept the results of a Self Check query as a document to fulfill the requirements of Form I-9, Employment Eligibility Verification. Only documents on the Form I-9 List of Acceptable Documents may be used to complete Form I-9.

Privacy and Security.

E-Verify Self Check uses an identity assurance process to ensure that an individual can perform an employment eligibility check only on him- or herself. Before allowing anyone to check his or her employment eligibility status, E-Verify Self Check confirms that the person attempting to run a check is who he or she claims to be with an independent, secure identity assurance service that generates an identity assurance quiz based on key information provided by the user.

The questions and answers included in the identity assurance quiz are not shared beyond the user and the independent identity assurance service; DHS is only notified that a user’s identity is verified.

Self Check purges all personal information used in the identity assurance process at the end of the user session and maintains a record of personal information only as long as necessary. For example, users’ addresses are only stored by Self Check until users complete the identity assurance process, as they are not needed later in the process.

The independent identity assurance service stores users’ personal information for one year as required by the Fair Credit Reporting Act (FCRA). That information is never shared, except where required by law.

Self Check will be unable to generate an identity assurance quiz if:

1. A user enters information incorrectly, preventing the independent service from locating any records on the individual;

2. A user has recently attempted to take the identity assurance quiz too many times;

3. A user lacks a sufficient financial record because he or she recently entered the country or the U.S. workforce;

4. A user, typically a victim of identity theft, has reported certain fraud alerts to the state or a credit bureau; or

5. A user has placed a security freeze on his or her credit report.

Individuals may still be authorized to work in the United States even if Self Check is unable to generate an identity assurance quiz or if an error prevents users from successfully completing the identity assurance quiz. You can contact the USCIS National Customer Service Center (NCSC) at 800-375-5283, TTY 800-767-1833 for further assistance.

Additional privacy and security protections built in to the Self Check service include:

Defenses to prevent phishing attacks and attempts to circumvent the identity assurance process;

Safeguards to block IP addresses and deny service to anyone attempting to access Self Check from outside the continental United States and to block usage by hackers who attempt to attack the service;

Measures to prevent imposters from running a stolen identity through Self Check in cases where an individual has reported identity theft to a credit bureau and placed a “fraud lock” on his or her identity; and

Ongoing and active monitoring by USCIS to prevent misuse.
Additional Facts About E-Verify Self Check:

USCIS partnered with SSA to identify one state in each of SSA’s regions to participate in the first launch phase of this new service. Additionally, the District of Columbia was chosen to enable USCIS headquarters to access the service for training, evaluation and system improvements.

Following the initial release and review of the service, USCIS will work to expand Self Check’s availability as quickly as possible, with the goal of expanding nationwide within 12 months.

USCIS estimates that Self Check users will generate about 850,000 to 1 million queries in the first year, with approximately 8 million queries per year after the program is expanded nationwide. The servers that house E-Verify databases have been tested and are capable of handling these additional queries.

E-Verify is administered by USCIS in partnership with SSA. For more information about E-Verify, please visit www.uscis.gov/everify. For more information on E-Verify Self Check, visit at www.uscis.gov or call the E-Verify Employee Hotline at (888) 897-7781.

This page was last reviewed/modified on March 21, 2011.

FOR MORE INFORMATION ABOUT THE E-VERIFY SELF-CHECK, SEE THE CIS BLOG AT:

http://blog.uscis.gov/2011/03/introducing-e-verify-self-check-online.html

THE DHS BULLETIN: WEEKLY UPDATE

The DHS Bulletin: Weekly Update provides an in-depth summary of both the current and the previous week’s events and initiatives throughout the Department of Homeland Security on which the news media is focused.

ISSUES IN THE HEADLINES MARCH 22, 2011

SECRETARY NAPOLITANO ANNOUNCES LAUNCH OF E-VERIFY SELF CHECK
Secretary Napolitano and U.S. Citizenship and Immigration Services Director Alejandro Mayorkas yesterday announced the launch of E-Verify Self Check – an online tool that allows individuals in the U.S. to check their own employment eligibility status before formally seeking employment.

“E-Verify is a smart, simple, and effective tool that allows us to work with employers to help them maintain a legal work force. The E-Verify Self Check service will help protect workers and streamline the E-Verify process for businesses.” (quote by Secretary Napolitano – DHS press release)

“Put simply, Self Check gives workers fast and secure access to their employment eligibility information before they apply for jobs. In this way, workers are able to identify whether there are any inaccuracies in their Social Security Administration or DHS records before they seek employment, and submit corrections for any inaccuracies ahead of time.” (quote by USCIS Director Alejandro Mayorkas – The Blog @ Homeland Security)

Read more about E-Verify Self Check.

SECRETARY NAPOLITANO IS TALKING ABOUT: SCIENCE AS PUBLIC SERVICE
Inside Higher Ed published an op-ed by Secretary Napolitano this week emphasizing the important role of science and engineering experts in helping America prepare for and respond to a wide range of ever-evolving threats.

“We have tremendous scientific resources in this country. We lead the world in scientific and technological innovation. We must, therefore, engage our best scientific talent in support of our common security. By doing so, we can build on past success, amplify our current efforts, and greatly accelerate our future progress toward a more secure and resilient America.” (quote by Secretary Napolitano – Inside Higher Ed)

URBAN SEARCH AND RESCUE TEAMS RETURN FROM JAPAN

This past weekend, two Urban Search and Rescue (US&R) teams safely returned home after a nine-day mission to support search and rescue efforts in response to the earthquake and tsunami in Japan. FEMA provides funding and program development support for these locally managed US&R teams. Check the FEMA Blog for more details on the US&R teams.

Weekly Update FOR THE WEEK OF
MARCH 14, 2011

SECRETARY NAPOLITANO HIGHLIGHTS U.S.-MEXICO PARTNERSHIP AT CONGRESSIONAL BORDER ISSUES CONFERENCE

Secretary Napolitano delivered remarks Thursday at the Annual U.S.-Mexico Congressional Border Issues Conference – highlighting the continued partnership between the U.S. and Mexico to ensure our mutual security while facilitating trade and travel along the Southwest border.
“Security and prosperity are mutually reinforcing, and the United States and Mexico are closely linked by a common interest in robust security and growing economies,” said Secretary Napolitano. “We are committed to continuing to work with Mexico to foster a safe and secure border zone, while facilitating the legal trade and travel that helps our border regions prosper.”

In her remarks, Secretary Napolitano underscored the Obama Administration’s unprecedented efforts to strengthen security along the Southwest border, which include increasing the number of Border Patrol agents from approximately 10,000 in 2004 to more than 20,700 today; doubling the number of personnel assigned to Border Enforcement Security Task Forces; and deploying approximately one quarter of all U.S. Immigration and Customs Enforcement personnel to the Southwest border region – the most ever.

SECRETARY NAPOLITANO ANNOUNCES NEW “IF YOU SEE SOMETHING, SAY SOMETHING™” PARTNERSHIPS
Last Thursday, Secretary Napolitano announced a new partnership between the Department’s “If You See Something, Say Something™” public awareness campaign and the National Collegiate Athletic Association (NCAA) that will help ensure safety and security during the NCAA March Madness college basketball tournament and all 88 NCAA championship games and tournaments.
The “If You See Something, Say Something™” campaign – originally implemented by New York City’s Metropolitan Transportation Authority and now licensed to DHS for a nationwide campaign – is a simple and effective program to engage the public and key frontline employees to identify and report indicators of terrorism, crime and other threats to the proper transportation and law enforcement authorities.
The “If You See Something, Say Something™” campaign partnership with the NCAA launched last Thursday during the NCAA March Madness men’s and women’s basketball tournaments, and will feature both print and video materials – including an “If You See Something, Say Something™” public service announcement featuring Secretary Napolitano and NCAA President Mark Emmert that will play at all tournament games and future NCAA events, which can be viewed here.

On Tuesday, March 15, Secretary Napolitano traveled to Denver where she met with state and major urban area fusion center leaders and announced the expansion of the “If You See Something, Say Something™” campaign to the state of Colorado. And on Monday, Secretary Napolitano joined Massachusetts Lieutenant Governor Tim Murray and Massachusetts Bay Transportation Authority (MBTA) officials to launch a new partnership with the MBTA on the “If You See Something, Say Something™” campaign.

HOMELAND SECURITY ON THE HILL

Last week, senior leaders from across the Department – including FEMA Administrator Craig Fugate, Assistant Secretary for Health Affairs Alexander Garza, Deputy Under Secretary for the National Protection and Programs Directorate Philip Reitinger, Assistant Transportation Security Administration (TSA) Administrator for the Office of Security Technology Robin Kane, Assistant TSA Administrator for Security Operations Lee Kair, Under Secretary for Science and Technology Tara O’Toole, Domestic Nuclear Detection Office Director Warren Stern, Coast Guard Prevention Policy Director Rear Admiral Kevin Cook, Customs and Border Protection (CBP) Assistant Commissioner for Technology Innovation and Acquisition Mark Borkowski, U.S. Border Patrol Chief Michael Fisher, and CBP Assistant Commissioner of Air and Marine Michael Kostelnick – testified before Congress.

On March 17th, FEMA Administrator Craig Fugate testified before the Senate Homeland Security and Governmental Affairs Committee on how FEMA is working to improve its preparedness for the next catastrophic disaster through the “Whole Community” framework, which includes cooperation with FEMA’s federal, state, local, tribal and territorial governmental partners; non-governmental organizations like faith-based and non-profit groups and the private sector; and individuals, families, and communities.
Assistant Secretary for Health Affairs Alexander Garza testified before the House Homeland Security Committee, Subcommittee on Emergency Preparedness, Response, and Communications, on the Office of Health Affairs’ (OHA) fiscal year 2012 budget request, highlighting OHA’s perspective on health “through the prism of national security,” providing medical, public health, and scientific expertise in support of the DHS mission to prepare for, respond to and recover from all threats.

On March 16th, National Protection and Programs Directorate Under Secretary Philip Reitinger testified before the House Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies on the current cyber security environment, the Department’s cyber security mission, and DHS’s coordination with public and private sector partners to address the cyber threat to critical infrastructure and the economy.

Assistant Transportation Security Administration (TSA) Administrator for the Office of Security Technology Robin Kane and Assistant TSA Administrator for Security Operations Lee Kair testified before the House Committee on Oversight and Government Reform, Subcommittee on National Security, Homeland Defense, and Foreign Operations, on TSA’s use of Advanced Imaging Technology at airport security checkpoints, emphasizing the effectiveness and safety of the technology as well as upcoming improvements to enhance passenger privacy.

On March 15th, Under Secretary for Science and Technology (S&T) Tara O’Toole testified before the House Committee on Science, Space, and Technology on S&T’s strategic direction and top priorities, as well as some of the challenges facing its research and development organization in supporting the third largest federal agency.
Warren Stern, Director of the Domestic Nuclear Detection Office (DNDO), testified before the House Committee on Science, Space, and Technology Subcommittee on Technology and Innovation, about DNDO’s research and development programs as it strives to improve the nation’s capability to detect and report unauthorized attempts to import, possess, store, develop, or transport nuclear or radiological material for use against the nation, and to further enhance this capability over time.

Coast Guard Prevention Policy Director Rear Admiral Kevin Cook testified before the House Transportation and Infrastructure Committee, Subcommittee on Coast Guard and Maritime Transportation, on the Coast Guard’s efforts to counter global piracy.

Finally, Customs and Border Protection (CBP) Assistant Commissioner for Technology Innovation and Acquisition Mark Borkowski, U.S. Border Patrol Chief Michael Fisher, and CBP Assistant Commissioner of Air and Marine Michael Kostelnick testified before the House Committee on Homeland Security, Subcommittee on Border and Maritime Security, on the future of technology at the Southwest border, noting CBP’s efforts to secure the nation’s borders while facilitating the flow of lawful people and goods entering the U.S.

READ ABOUT THE PROGRESS DHS HAS MADE ACROSS OUR KEY MISSION AREAS

DISCLAIMER: The Department of Homeland Security (DHS) provides links to non-government websites for convenience and informational purposes only. These websites may contain information that is copyrighted with restrictions on reuse. Permission to use copyrighted materials must be obtained from the original source and cannot be obtained from DHS. DHS is not responsible for the content of external websites linked to or referenced from the DHS web server. DHS neither endorses the information or content of external websites, nor guarantees the accuracy of the information contained on external websites. When you select a link to an external website, you are leaving the DHS site.

United States Attorney’s Office
Central District of California

Thom Mrozek – Public Affairs Officer

(213) 894-6947

thom.mrozek@usdoj.gov

Return to the 2011 Press Release Index
Release No. 11-039

March 21, 2011

GOVERNMENT ATTORNEY SENTENCED TO NEARLY 18 YEARS IN PRISON FOR TAKING HUNDREDS OF THOUSANDS OF DOLLARS IN BRIBES FROM IMMIGRANTS SEEKING STATUS IN U.S.

LOS ANGELES – A senior attorney with U.S. Immigration and Customs Enforcement (ICE) was sentenced this morning to 212 months in federal prison for taking nearly one-half million dollars in bribes from immigrants who were promised immigration benefits that would allow them to remain in the United States.

ICE Assistant Chief Counsel Constantine Peter Kallas, 40, of Alta Loma, received the 17⅔-year sentence from United States District Judge Terry J. Hatter Jr.

In addition to the prison term, Judge Hatter ordered Kallas to pay $296,865 in restitution after fraudulently receiving worker’s compensation benefits.

“Mr. Kallas has received one of the longest sentences ever seen in a public corruption case,” said United States Attorney André Birotte Jr. “Mr. Kallas took in hundreds of thousands of dollars in bribes – money he obtained by exploiting his knowledge of the immigration system. The lengthy sentence reflects the seriousness of the crimes, which were a wholesale violation of the public trust.”

Following a three-week trial, a federal jury in April 2010 convicted Kallas of three dozen felony counts – conspiracy, six counts of bribery, two counts of obstruction of justice, seven counts of fraud and misuse of entry documents, three counts of aggravated identity theft, nine counts of making false statements to the Department of Labor, four counts of making false statements to obtain federal employee compensation, and four counts of tax evasion.

“This case presents an epic display of a public official’s greed,” prosecutors wrote in a sentencing memorandum filed with the court.

“As a corrupt prosecutor, [Kallas] calculatingly terrorized the idea of justice and the concept of public service,” the memorandum continued. “[Kallas] carried out his crime scheme through elaborate forms of manipulation, lies, and obstructive conduct.”

Kallas has been in a federal jail since August 2008, about two months after he was arrested by special agents with the Federal Bureau of Investigation at the San Manuel Indian Bingo and Casino in Highland, California. Kallas was arrested after he took a $20,000 bribe from an immigrant during an incident that was captured on casino surveillance cameras and shown to the jury.

The June 2008 bribe was the last in a series of incidents in which Kallas and his wife, Maria, told illegal aliens that Kallas was an immigration official – either an immigration judge or some other type of high-level immigration official – and that Kallas could obtain immigration benefits for the aliens in exchange for bribes.

Steven Martinez, Assistant Director in Charge of the FBI in Los Angeles, stated: “Today’s lengthy sentence fits the significant crimes committed by Mr. Kallas and will undoubtedly deter others planning to abuse government power. Mr. Kallas was entrusted to help immigrants abide by the law, but instead he enabled them in breaking the law, by greedily taking advantage of their desperation.”

During a five-year period that ended with his arrest, the Kallases accepted payments from aliens that totaled at least $425,854.

Kallas took bribes from some illegal aliens who were offered “jobs” at companies Kallas and his wife had set up. As part of the scheme, Kallas filed fraudulent labor condition applications with the Department of Labor that falsely claimed the companies had offered employment to the aliens.

On December 16, 2006, Kallas appeared in Immigration Court and, without any authorization, used his position as an immigration prosecutor to ask a judge to dismiss removal proceedings against an immigrant.

Kallas misused the identities of several real persons by, among things, putting their names on fraudulent documents or on nominee bank accounts used to hide money from the Internal Revenue Service.

In some cases, Kallas attempted to solve immigrants’ problems by simply making their files disappear. When investigators searched the Kallas residence in June 2008, they discovered a hidden floor safe that contained more than $177,000 in cash and two dozen official immigration files.

Kallas also illegally obtained more money through workers compensation fraud and tax evasion, claiming total disability and zero income, even as he was conducting the elaborate bribery and fraud scheme.

Daniel R. Petrole, Acting Inspector General, United States Department of Labor, said: “Today’s sentencing highlights our efforts to investigate fraud against the Department of Labor. The defendant, who is a former Immigration and Customs Enforcement attorney, used shell companies to falsely petition aliens for employment visas. Moreover, he filed for full federal disability benefits for work-related injuries, yet was receiving thousands of dollars in income from his employment scheme. My office and our law enforcement partners remain committed toward combating these types of crimes.”

According to court documents, the bank records for the Kallases showed that, beyond his salary, approximately $950,000 had been deposited into the couple’s bank accounts since 2000.

“Corrupt public officials are disgraceful and reprehensible,” noted Leslie P. DeMarco, Special Agent in Charge of IRS – Criminal Investigation’s Los Angeles Field Office. “The crimes committed by Constantine Kallas – including bribery, tax evasion, obstruction of justice, false statements to government agencies, identity theft and workers compensation fraud – violated the trust placed in him as a public official. Today’s sentencing of Mr. Kallas to 212 months in federal prison, a significant sentence by any measure, demonstrates IRS – Criminal Investigation’s resolve to bring our financial expertise to bear and vigorously investigate public officials who set aside their duty for their own personal financial gain.”

Terri Tollefson, Special Agent in Charge for the ICE Office of Professional Responsibility, West, stated: “This sentence serves as a sobering warning about the consequences of violating the public’s trust. ICE played a pivotal role in the investigation that led to these criminal charges, and we will continue to hold our employees to the highest standards of professional conduct. Guarding against illegal or unethical behavior is not an option; it is an obligation we have to the people we serve.”

Maria Kallas, 41, also of Alta Loma, pleaded guilty to conspiracy, bribery and conspiracy to commit money laundering in November 2009. United States District Judge Robert J. Timlin is scheduled to sentence her on May 2.

Kallas joined ICE’s predecessor agency in June 1998, and he has been on unpaid leave since January 2007.

The case against the Kallases was investigated by ICE’s Office of Professional Responsibility, the Federal Bureau of Investigation, IRS – Criminal Investigation, and the United States Department of Labor’s Office of Inspector General.

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Release No. 11-039- Return to the 2011 Press Release Index

March 18, 2011

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.

The cap (the numerical limit on H-1B petitions) for FY 2012 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt.

USCIS will monitor the number of H-1B petitions received and will notify the public of the date when the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.

In addition to petitions filed on behalf of people with U.S. master’s degrees or higher, certain other petitions are exempt from the congressionally mandated cap.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at:

*Institutions of higher education or related or affiliated nonprofit entities;

*Nonprofit research organizations; or

*Governmental research organizations.

Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories for beneficiaries who will start work during FY 2011 or 2012.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap do not count towards the H-1B cap. USCIS will continue to process petitions filed to:

*Extend the amount of time a current H-1B worker may remain in the United States;

*Change the terms of employment for current H-1B workers;

*Allow current H-1B workers to change employers; and

*Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions, to avoid delays in processing and possible requests for evidence. USCIS has posted on its website detailed information, including a processing worksheet, to assist in the completion and submission of a FY2012 H-1B petition.

For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Last updated:03/18/2011

PTI, March 12, 2011, 06.24pm IST

HOUSTON: The US is at a risk of falling behind in the global race for talent due to Washington’s immigration policies that have caused slowdown in the entry of highly-skilled foreign workers, a study here said.

The Federal Reserve Bank of Dallas which released its 2010 yearly report said the US needs highly-skilled foreign-born workers, who actually contribute more to the American economy than take away, but strict numerical caps on employment-based visas have caused the slowdown in the entry of highly-skilled migrants.

According to the latest statistics, immigrants with more than a high school education contributed USD 105,000 more in taxes than they used in public services, while lower-skilled migrants actually cost USD 89,000 more than they contributed in taxes during their lifetime.

As adapted from the Economic Times Article.

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 frontline 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 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

USCIS: Relief for Japan and Other Nationals from the Pacific Stranded due to the Earthquakes and Tsunami

This advisory is for Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation in the Pacific. If you have exceeded or are about to exceed your authorized stay in the U.S. you may be permitted up to an additional 30 days to depart.

Visitors traveling under the Visa Waiver Program (VWP):

If you are at an airport, contact the U.S. Customs and Border Protection office at the airport.

All others, please visit the local U.S. Citizenship and Immigration Services office.

Visitors traveling under a nonimmigrant visa:

Visit the local U.S. Citizenship and Immigration Services office.
Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record.

For additional immigration relief options, please visit the Special Situation page at the USCIS website at www.uscis.gov.

FOR IMMEDIATE RELEASE:

Thursday, March 10, 2011

Contact
George Tzamaras / Jenny Werwa
202-507-7649 / 202-507-7628
gtzamaras@aila.org / jwerwa@aila.org

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) calls on Congress to show leadership by creating viable immigration policy that can create more jobs and push the economy forward. Unfortunately today’s House Judiciary Subcommittee on Immigration Policy and Enforcement’s hearing, “New Jobs in Recession and Recovery: Who Are Getting Them and Who Are Not” is a refrain of last week’s divisive hearing that attempted to pit immigrants against minorities.

“At a time when America needs solutions on immigration, jobs, and our economic security, our Congress appears more interested in scapegoating than providing leadership and answers,” said David Leopold, President of AILA. “Our elected officials are allowing themselves to become distracted from accomplishing those critical tasks by believing in the myth that immigrants take away jobs and depress wages when in fact, study after study show that immigrants have a positive impact on the economy and job growth. Just this past Monday, the Wall Street Journal reported that immigrant entrepreneurs are rapidly creating new businesses and more jobs.”

Leopold added, “The article stated that immigrants, ‘very noticeably, are creating new business ventures at unprecedented rates.’ The WSJ article also correctly noted that our current immigration laws do not allow these immigrant entrepreneurs to stay, thrive, and innovate here in the U.S. Consequently, they either shut down their business or move it out of the country resulting in lost jobs and dollars for American workers. This is the ugly truth facing our nation right now and what we need are solutions such as a start-up visa, to help bring and keep immigrant businesses to the United States,” said Leopold.

AILA contends that America must pursue immigration policies that serve the interest of all workers. Congress can consider smart, workable reform that creates better avenues to compliance for the millions of undocumented immigrants currently living and working in the U.S. which would add billions of dollars to the economy.

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.