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 occupation workers.

Well, here we go again . . .

On April 1st, 2012 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 2012-2013 year (”FY 2013″). 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, 2012.

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. We also assist employers with E-Verify applications so that they can offer international students the 17 month STEM extensions.

In 2008 there was a regulation that gave some assistance to international students in the U.S. who applied for H-1B in their OPT period. 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 three (3) fiscal years, the H-1B allotment actually lasted for almost eight to nine months. This past year, the H-1B allocation lasted until November. 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 Feel the VIBE . . . Look Out For A New Validation Instrument for Business Enterprises (”VIBE”).

CIS announced in its several recent stakeholders meetings that it will continue to use 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;

3. Number of employees including onsite and globally;

4. Relationships with other entities including foreign affiliates;

5. Status, for example, whether it is a single entity, branch, subsidiary or headquarters;

6. Ownership and legal status, such as LLC, partnership or corporation;

7. Company executives;

8. Date of establishment as a business entity; and

9. 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 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 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

Other changes in the H-1B arena that employers need to know 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 2012-2013 “H-1B season”, please feel free to contact our offices at [email removed]

The Nachman Phulwani Zimovcak Law Group P.C. is ready to assist you with any and all of your immigration law needs in the U.S.

Please feel free to contact our offices at 201-670-0006 (x100) for David Nachman, Esq., (x124) for Michael Phulwani, Esq., and (x105) for Ludka Zimovcak, Esq.

We also have Canadian Lawyers on our staff to assist you with transfers to Canada and we have an affiliated office in Mumbai, India.

Read more: http://newyork.ebayclassifieds.com/legal-lawyer/new-york/u-s-immigration-law-h-1b-season-is-upon-us-beware-the-cap-gap/?ad=16799191#ixzz1lWYgIRHI

“All children have the right to a first-class education,” Governor Quinn said. “The Illinois DREAM Act creates more opportunities for the children of immigrants to achieve a fulfilling career, brighter future and better life through higher education.”

Senate Bill 2185, sponsored by Senate President John Cullerton (D-Chicago) and Rep. Eddie Acevedo (D-Chicago), establishes a nine-member Illinois DREAM Fund Commission to manage the program, whose members are appointed by the Governor. The commission will help establish privately-funded scholarships for students who have resided with their parents while attending high school in Illinois, earned their high school diploma, attended school in Illinois for at least three years, and have at least one parent who immigrated to the United States.

In addition, the new law allows any person with a Social Security or taxpayer identification number to participate in a state-operated college savings pool. It also requires high school counselors to provide college information to all children of immigrants. Children of immigrants will have unprecedented opportunities to access higher education as a result of the Illinois Dream Act.

“We should be opening, not shutting doors of opportunity for young students regardless of how or why they are living in Illinois,” said President Cullerton. “This new law moves the state beyond the rhetoric of equal opportunity by making the dream of a college education a reality for more of Illinois’ outstanding students.”

The new law was one of Governor Quinn’s top priorities during the spring legislative session. The Governor recognized that it would ensure that Illinois continues to lead the nation in increasing access to top-quality education, which is critical to retaining our best and brightest students and ensuring our continued success in the competitive global economy.

Students, community leaders and elected officials from across the state joined Governor Quinn to celebrate the new law that brings more affordability and better access to higher education in Illinois.

“Immigrants are a driving force in our city’s cultural and economic life, and opening the way for all Chicago students to earn an excellent higher education will make our city even stronger,” said Chicago Mayor Rahm Emanuel. “I am proud that families and students across Illinois will now have a better shot at the American Dream — which starts with a great education.”

With an estimated 65 percent of immigrant students coming from households earning below 200 percent of the poverty line, the financial barriers to higher education for academically qualified immigrant students are steep. Through the DREAM commission, Illinois leaders will now be able to raise private funds to help these students achieve their full potential.

“We thank Governor Quinn for his continuous support and his tireless work for the immigrant community,” said Lawrence Benito, Deputy Director of the Illinois Coalition for Immigrant and Refugee Rights (ICIRR). “The signing of this bill into law is historic and it confirms that Illinois is not only an immigrant-friendly state but also a national leader on moving fair, humane, and practical solutions.”

The DREAM Act passed with bipartisan legislative support and with the strong support of the education community. The commission will provide training to school service personnel and work with admission and financial aid officers and high school counselors across Illinois to help students utilize the wide array of higher education opportunities.

“The Illinois DREAM Act is a crucial step in the right direction, ensuring that worthy students are no longer denied the life-changing opportunity of college simply because their immigration status puts needed financial aid out of reach,” said University of Illinois President Michael J. Hogan. “I’m grateful to our legislators and Governor Quinn for supporting the shared vision that bright minds are our most precious resource and must be cultivated, not thwarted by outdated immigration laws.”

http://www.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=2&RecNum=9587

(Tuesday, May 24, 2011)

San Diego — 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 Web site.

(Filling Out Arrival-Departure Record, CBP Form I-94, for Nonimmigrant Visitors with a Visa for the U.S. )

(Entering the U.S. – Documents required for Foreign Nationals (International Travelers)

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 is:

Jacqueline Wasiluk
CBP Public Affairs San Diego
Phone: (619) 744-5245

We regret to inform you that, due to a computer programming problem, the results of the 2012 Diversity Lottery that were previously posted on this website have been voided. They were not valid and were posted in error. The results were not valid because they did not represent a fair, random selection of entrants, as required by U.S. law.

If you checked this website during the first week in May and found a notice that you had been selected for further processing or a notice that you had not been selected, that notice has been rescinded and is no longer valid.

A new selection process will be conducted based on the original entries for the 2012 program.

If you submitted a qualified entry from October 5, 2010 to November 3, 2010, your entry remains with us. It will be included in the new selection lottery. Your confirmation number to check results on this website is still valid.

We expect the results of the new selection process to be available on this website on or about July 15, 2011.

We regret any inconvenience this might have caused.

Click here to view a message from David T. Donahue, Deputy Assistant Secretary of State for Visa Services:

http://link.brightcove.com/services/player/bcpid1857622883?
bckey=AQ~~,AAAAAGWqYgE~,KxHPzbPALrFGi6o0QhQY9IxyliWBJ3Vq&bctid=942119090001

Frequently Asked Questions

Q: Why was it necessary to invalidate the names that were selected?

␣ U.S. law requires that Diversity Immigrant visas be made available through a strictly random process. A computer programming error resulted in a selection that was not truly random.

␣ Since the computer programming error caused an outcome that was not random, the outcome did not meet the requirements of the law, and would have been unfair to many DV entrants.

Q: Is the 2012 Diversity Visa Program cancelled?

␣ No. The 2012 program will continue. The computer programming error has been identified and corrected. The Department of State will run a new selection using all the qualified entries (ones received between October 5, 2010 and November 3, 2010) it received for the 2012 program.

Q: Do I have to submit a new application?

␣ No. You may not submit a new application. We will use all qualified entries received during the
Electronic Diversity Visa October 5 to November 3, 2010 registration period.

Q: Will you open a new entry period?

␣ New entries will not be accepted. Q: I checked the Entry Status Check website after May 1 and it said I had been selected. Can I
apply for a DV visa?

␣ Unfortunately results previously posted on this website were not valid because the selection process was not fair or random. We will take the entries of all individuals who sent in their registration during the original October 5 to November 3, 2010 time period and run a new lottery. We regret any inconvenience or disappointment this has caused. We expect new results to be available on this website on or about July 15, 2011.
Q: How can I check the results of the new selection?

␣ The new results should be available on this website on or about July 15, 2011. The confirmation code you received when you registered is still valid for use on the website.

Q: Was the Department of State hacked? Was my personal information at risk?

␣ We have no evidence that this problem was caused by any intentional act. No unauthorized party accessed data related to the DV program.

␣ This appears to be solely the result of a computer programming error.

(From the DOS website posting made on May 13, 2011)

NEW YORK – Attorney General Eric T. Schneiderman today announced that his office has shut down two fraudulent immigration service companies for targeting and defrauding Haitian nationals who were affected by the devastating January 2010 earthquake. The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide and by misrepresenting a new law that granted Temporary Protected Status (”TPS”) to qualified Haitian nationals.

“These con artists preyed on vulnerable families in the aftermath of Haiti’s devastating earthquake, by misrepresenting the law and providing fake immigration services. Today, these organizations are being held accountable for their fraudulent actions and their brazen disregard for the people they are purporting to help,” said Attorney General Eric T. Schneiderman. “It is unconscionable that these companies defrauded victims of the Haiti earthquake just to make a quick buck. We will continue working aggressively to root out fraud wherever it exists, and that includes bringing those who prey on the immigrant community to justice.”

The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide. Specifically, these entities and individuals, who are not attorneys or accredited by the federal government, lured Haitian immigrants with the false promise of securing them legal immigration status. Moreover, they charged victims hundreds of dollars without determining whether the customers would have been eligible to obtain the TPS immigration benefit at all or could have obtained a waiver of fees from the federal government.

Under the terms of the agreements, Rincher’s Bookstore a/k/a Rincher Associates, Inc. a/k/a Rincher Associates & Bookstore a/k/a Rincher’s Multi Services, Haitian American Entrepreneur’s Group, LLC a/k/a Delrin Associates, LLC, and Profimax, Inc. and their owners Deslande Seixas-Rincher a/k/a Dislande Rincher, Sharlene Seixas-Rincher and Fred Pinard are required to shut their businesses, are permanently barred from operating a business that provides immigration-related services, and must collectively pay more than $25,000 for their illegal practices. These corporations are required to notify all former and current clients in writing that they are no longer providing any immigration-related services, return client files, and retain all records regarding any complaints.

Additionally, in June 2010, the Attorney General’s Office initiated a lawsuit against Chay Pa Lou Community Center, Inc.; Delegue Tax Consultant, Inc. and Jean Michel. The Court recently issued a preliminary injunction in the case. While the lawsuit is pending, Defendants are barred from, among other things, providing any immigration services or legal advice, from practicing law or holding themselves out to be practicing law, and from destroying or disposing of any records relevant to the case.

Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services, stated: “As we mark the one-year anniversary of the Haitian earthquake, we continue to witness a community that remains extremely vulnerable while attempting to survive the atrocities in Haiti. I commend the Attorney General’s Office for fighting to prevent the most vulnerable of immigrants from being victimized for a second time by shutting down businesses that can further harm a community already in dire need of assistance.”

Kathleen A. Masters, Executive Director of CAMBA Legal Services, stated: “We applaud the Attorney General’s Office for ensuring that fraudulent and predatory entities do not target and take advantage of these particularly vulnerable families who are seeking potentially life-saving immigration relief in the wake of the tragic earthquake in Haiti.”

All New Yorkers should be aware of organizations and not-for-profits providing immigration services for exorbitant fees and without proper accreditation. A list of free and low-cost immigration services that are authorized to provide immigration services can be found through the Board of Immigration Appeals (BIA) at www.usdoj.gov/eoir/statspub/raroster.htm/.

The cases are being handled by Assistant Attorneys General Sandra Abeles and Vilda Vera Mayuga and Assistant Deputy Counselor Elizabeth De León, with the assistance of Investigators John McManus and Angel LaPorte, under the supervision of Chief Counsel for Civil Rights Spencer Freedman.

If you have been a victim of immigration services fraud, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov

BUFFALO, N.Y. – Human trafficking is a horrific crime in both the United States and around the world. According to U.S. Government estimates, more than 12 million persons globally are subjected to trafficking or exploitive circumstances. The United Nations estimates human trafficking is a multi billion dollar per year criminal enterprise worldwide.

In a concerted effort to promote public awareness of the threat of human trafficking and forced labor, federal law enforcement agencies came together in Buffalo to discuss unified enforcement efforts to attack these criminal organizations who attempt to enslave innocent victims.

The public event was hosted by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Attorney for the Western District of New York at Buffalo State College. The goal of the event was to highlight the issue of human trafficking, increase public awareness of ICE’s mission and enforcement efforts and to enhance the dialogue between ICE and members of the public service associations, universities, and attorneys who provide assistance to immigrant communities in Western New York.

“Around the globe, ICE’s Homeland Security Investigations (HSI) is dedicated to detecting and dismantling criminal organizations that reap enormous profits on the backs of innocent victims forced into virtual slave like conditions,” said Lev Kubiak, special agent in charge of ICE HSI in Buffalo. “ICE partners with local, state and federal law enforcement agencies and community groups here and in foreign countries to bring to justice criminals who exploit people by stealing their basic human rights and freedom. To this end, it is important that the public and those that provide assistance to immigrant communities also fully understand ICE’s mission.”

“If there’s one thing true in the 21st Century, it’s that the world has become a very small place. This is especially true when it comes to immigration-related issues,” said U.S. Attorney Hochul. “In Western New York, we have immigrants from throughout the world right here in our community. Immigration and Customs Enforcement officers, meanwhile, conduct investigations out of the Buffalo office that involve people and countries located throughout the world. In both instances, collaboration among law enforcement, community leaders, non-governmental organizations and university faculty and students are vitally important as we seek to return Western New York to the prominence it once held. For these reasons, I applaud the Buffalo ICE office for a program that was very worthwhile.”

The meeting was attended by law enforcement officials, advocacy groups, and academics along with representatives of U.S. Senator Kristen Gillibrand’s and Congressman Christopher Lee’s offices.

“I appreciate representatives from ICE coming to Buffalo today to discuss the joint enforcement efforts by the agency and the U.S. Attorney for Western New York to combat the growing trend of human trafficking,” said Congressman Chris Lee (NY-26). “Today’s event was an opportunity for the public to learn how ICE is partnering with local officials and organizations to combat this troubling trend, and I appreciate the efforts of ICE and U.S. Attorney Hochul to confront this important issue head-on.”

ICE officials also explained the Department of Homeland Security’s Blue Campaign, a agency wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives. The campaign encompasses a wide range of programs designed to engage to the American and global public; the Department’s federal, state, local and tribal law enforcement partners; non-profit and non-governmental organizations; and governments around the world.

In addition, ICE officers discussed the agency’s mission and presented information on a number of enforcement and community outreach programs.

Michael T. Phillips, director of the ICE’s Enforcement and Removal Operations (ERO) office in Buffalo also made presentations on the mission of ICE ERO in Western New York. Phillips said, “Today’s event was an effort to further foster an environment of open communication between ICE’s various entities and the NGO and advocate community. All parties involved are best served when we are able to maintain an open dialogue regarding our respective missions.”

“We view this outreach and information session as a unique opportunity to not only learn about the many facets of ICE but to also have access to a vast array of supervisory staff responsible for directing this often time confusing maze of immigration enforcement,” said Joanne Macri, director of Criminal Defense Immigration Project for the New York State Defenders Association. “We wish to express our gratitude to Director Phillips for providing this forum as we look forward to a continuing relationship open communication with the Buffalo SAC and ERO.”

“The Departments of Justice, Homeland Security and Labor announced today the launch of a nationwide Human Trafficking Enhanced Enforcement Initiative designed to streamline federal criminal investigations and prosecutions of human trafficking offenses. As part of the Enhanced Enforcement Initiative, specialized Anti-Trafficking Coordination Teams, known as ACTeams, will be convened in select pilot districts around the country. The ACTeams, comprised of prosecutors and agents from multiple federal enforcement agencies, will implement a strategic action plan to combat identified human trafficking threats. The ACTeams will focus on developing federal criminal human trafficking investigations and prosecutions to vindicate the rights of human trafficking victims, bring traffickers to justice and dismantle human trafficking networks.”

February 1st, 2011.

At the request of the Federal Trade Commission, a federal judge has shut down an operation that allegedly posed as the U.S. government, then duped consumers into paying fees ranging from $200 to $2,500 by claiming the fees would cover processing by the United States Citizenship and Immigration Services. The court froze the defendants’ assets and appointed a receiver to take over the business until the case is resolved. The FTC has asked the court to halt the business practices permanently and order the operation to repay its victims.

The real U.S. Citizenship and Immigration Service (USCIS), a division of the Department of Homeland Security, offers advice and counseling to immigrants in the United States and people seeking to immigrate to the United States. USCIS provides application forms for such benefits as green card renewal, work visas, and applications for asylum. The application forms are free but can cost hundreds or thousands of dollars to process.

According to the FTC, defendants Immigration Center and Immigration Forms and Publications, Inc., set up websites that mimic official government sites, and then used the fake sites to steer immigrants to their deceptive telemarketing operation. The websites depicted American eagles, the U.S. flag, and the Statue of Liberty and had URLs such as www.uscis-ins.us and www.usgovernmenthelpline.com. The sites directed consumers to call a toll-free number that an automated voice answered, “Immigration Center.” Consumers were then transferred to a live person who answered, “USCIS or “U.S. Immigration Center,” and identified him or herself as an “agent,” “immigration officer,” or “caseworker.” The sites also offered counseling and application forms. The counseling was done by telemarketers who did not meet legal requirements to provide immigration services, the FTC said.

Adding to the consumers’ confusion, the FTC alleged, the defendants charged fees for application forms that were the same amount as the government processing fees, leading them to believe the fees covered the cost of USCIS processing. Some consumers who applied for the forms were told to send checks by overnight mail to cover the costs. Others paid with checks or money orders on delivery. Consumers ended up paying for applications that were never processed by the USCIS for failure to pay the official processing fee, or, in some cases, they were charged twice, once by the defendants and once by the government after the defendant forwarded their bank account information to USCIS.

The FTC charged the defendants with violating federal law by misrepresenting:

* that they were authorized to provide immigration and naturalization services;
* that they were affiliated with the U.S. government; and
* that the fees paid by consumers would cover all the costs associated with submitting immigration documents to the USCIS.

In addition, two of the defendants were charged with providing the others with the means and instrumentalities to further the illegal scheme.

The correct website of the U.S. Citizenship and Immigration Service is www.uscis.gov.

The defendants named in the case are Immigration Center; Immigration Forms and Publications, Inc; Charles Doucette, individually and doing business as Telestaffing; Immigration Forms and Services and Immigration Form Processing; Deborah Stilson aka Deborah Malmstrom; Alfred Boyce; Thomas Strawbridge; Robin Meredith; Thomas Lawrence; and Elizabeth Meredith.

The Commission vote authorizing staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the District of Nevada.

The FTC wishes to acknowledge the invaluable assistance in this matter by the Department of Homeland Security; the U.S. Customs and Immigration Services; Immigration and Customs Enforcement; Office of the Attorney General of Colorado; Office of the Attorney General of Missouri; Office of the Attorney General of Nevada; the Pettis County, Missouri Sheriff’s Office; the Department of Justice and Executive Office for Immigration Review; and the U.S. Postal Inspection Service.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The case will be decided by the court.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:
Claudia Bourne Farrell
Office of Public Affairs
202-326-2181
STAFF CONTACT:
David Horn
Northwest Region
206-220-4483

The widespread civil unrest in Egypt brings into focus problems travelers from Visa Waiver countries may encounter when Internet access for Electronic System for Travel Authorization (ESTA) registration is limited or unavailable. CBP posted ESTA FAQs on October 6, 2010, including a brief discussion of CBP discretionary authority to waive ESTA registration due to emergent circumstances. As waivers of ESTA registration are handled by ports of entry on a case-by-case basis, communicating with CBP at the intended port of entry about the expected arrival(s) is suggested.

The national office of CBP has indicated that it expects CBP offices to be flexible with Visa Waiver Program (VWP) travelers without an ESTA due to emergent circumstances.