Please take a gander at the screen shots presently pending at the OMB by following the link below:

http://www.docstoc.com/docs/49845403/DS-260-screen-shots

Please feel free to contact our law offices with regard to any assistance with visas, green cards, temporary work permits,naturalization and/or citizenship or issues of U.S. and/or Canadian immigration law.

Release Date: July 28, 2010

For Immediate Release

Office of the Press Secretary

Contact: 202-282-8010

“The court’s decision to enjoin most of SB1070 correctly affirms the federal government’s responsibilities in enforcing our nation’s immigration laws. Over the past eighteen months, this Administration has dedicated unprecedented resources to secure the border, and we will continue to work to take decisive action to disrupt criminal organizations and the networks they exploit. DHS will enforce federal immigration laws in Arizona and around the country in smart, effective ways that focus our resources on criminal aliens who pose a public safety threat and employers who knowingly hire illegal labor, as well as continue to secure our border.

“ICE works everyday with local law enforcement across the country to assist them in making their communities safer and we will continue do so in Arizona. At the same time, we will continue to increase resources in Arizona by complementing the National Guard deployment set to begin on Aug. 1 with the deployment of hundreds of additional Immigration and Customs Enforcement agents, Border Patrol agents and other law enforcement personnel that will aid in our continuing efforts to conduct outbound inspections, patrol challenging terrain, and interdict illicit smugglers. We are focused on smart effective immigration and border enforcement while we work with Congress toward the type of bipartisan comprehensive reform that will provide true security and establish accountability and responsibility in our immigration system at the national level.”

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This page was last reviewed/modified on July 28, 2010.

Among other things, the proposal would create a new “BELIEVE” (Biometric Enrollment, Locally-stored Information, and Electronic Verification of Employment) system and a provisional H-2C visa for nonseasonal, nonagricultural workers. Workers in the H-2C program would be permitted to earn lawful permanent residence if they met “sufficient integration metrics to demonstrate that they have successfully become part of the American economy and society.”
The proposal would amend current law regarding H-1B employer application requirements to: (1) revise wage determination requirements; (2) require Internet posting and description of employment positions; (3) increase U.S. worker displacement protections; (4) apply certain requirements to all H-1B employers rather than just to H-1B dependent employers; (5) prohibit employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants; and (6) limit the number of H-1B and L-1 employees that an employer of 50 or more workers in the U.S. may hire. The proposal also would authorize the Department of Labor to investigate applications for fraud, and conduct H-1B compliance audits.

“I say to my Republican colleagues, work with us to fix this broken system, don’t just say no,” Sen. Reid pleaded. Although Senate Democrats called the outline bipartisan, Republicans criticized the proposal. Sens. Lindsey Graham (R-S.C.) and Jon Kyl (R-Ariz.) said in a statement that “Congress should focus on border security first.” Rep. John Boehner (R-Ohio) called the proposal a “cynical ploy to try to engage voters, some segment of voters, to show up in this November’s elections.” House Speaker Nancy Pelosi (D-Cal.) said, “If there is going to be any movement in this regard, it will require presidential leadership.” President Barack Obama was quoted as saying that there may “not be an appetite” to pass immigration reform in Congress this year.

The proposal is available at:

http://media.washingtonpost.com/wp-srv/politics/documents/REPAIRProposal.pdf?sid=ST2010042905051

Date: June 8th, 2010

Time: 10:00 am – 4:00 pm (lunch included)

Location: Fairleigh Dickinson University, Hackensack, New Jersey Campus

Speakers: David H. Nachman, Esq., Victoria Donoghue, Esq., and invited speakers from OSC (DOJ), CIS, and ICE.

Event: This program will cover the employer’s responsibilities with regard to employment verification procedures pursuant to the Immigration Reform and Control Act (”IRCA”) of 1986 (the I-9 Form). The seminar will include a presentation on anti-discrimination provisions from the U.S. DOJ’s Office of Special Counsel, the CIS E-Verify Division and the ICE IMAGE Division. This event is pending HRCI Continuing Education Credits.

For more information, contact our office: 201-670-0006, info@visaserve.com

*** HRCI Credits available for this program.

———————–

Employment Verification Compliance Seminar – New York

Date: June 9th, 2010

Time: 10:00 am – 4:00 pm (lunch included)

Location: The Graduate Center of the City University of New York, 365 5th Avenue (34th Street), New York, NY

Speakers: David H. Nachman, Victoria Donoghue, and invited speakers from CIS, ICE and DOJ.

Event: This program will cover the employer’s responsibilities with regard to employment verification procedures pursuant to the Immigration Reform and Control Act (”IRCA”) of 1986 (I-9 Form). The seminar will include presentation on anti-discrimination provisions from the U.S. DOJ’s Office of Special Counsel, the CIS E-Verify Division and the ICE IMAGE Division. This event is pending HRCI Continuing Education Credits.

For more information, contact our office: 201-670-0006, info@visaserve.com

*** HRCI Credits available for this program.

Introduction

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

Questions and Answers

Q. What is a Permanent Resident Card, or “Green Card”?
A. A Green Card is proof of authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires.

Q. Why did USCIS redesign the Green Card?

A. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.

Q. What major improvements has USCIS included in the redesigned Green Card?

A. Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.

Q. Is the Permanent Resident Card actually green, as its nickname suggests?

A. After the redesign, the card is now colored green.

Q. Who will receive the redesigned Green Card?

A. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card.

Q. What happens to existing Green Cards with the old design?

A. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement.

Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version.

The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. For more information on eligibility for naturalization, go to www.uscis.gov/citizenship.

Q. How does a lawful permanent resident replace a Green Card, if lost or damaged?

A. A lawful permanent resident may seek a replacement card by filing a Form I-90, Application to Replace Permanent Resident Card. The Form I-90 and instructions are available online at http://www.uscis.gov/forms. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.

Last updated:05/11/2010

Q Are you committed to pushing forward on immigration law this year?

THE PRESIDENT: Well, I’ve made calls to Republicans to see if we can get them to join us. This is a difficult issue. It generates a lot of emotions, and the politics are difficult. But I’ve been unwavering in saying what we need to do. I think that I can get a majority of Democrats to support a comprehensive approach. But I need some help on the Republican side. We had that kind of help a couple of years ago. Senator McCain was one of the leaders in that process. I gave him a lot of credit for it, and still do.

And so the question is, can we get some movement on that front? Lindsey Graham has been in serious conversations with Senator Schumer. I appreciate his courage on that. And my hope is, is that we can get a working group that can move this forward so that we’ve got serious legislation that solves the border problem and solves the wide range of issues that we face under immigration reform in a way that can garner the support of the American people.

You notice in the town hall meeting yesterday, those folks aren’t enthusiastic about illegal immigration. But when you lay it out for them, a sensible way of doing it, holding people who’ve broken the law responsible, securing our borders but also recognizing we’re not going to send millions of people back, many of whom have children who might be U.S.citizens, and that there should be a more sensible way of dealing with it — people understand that.

So it’s a matter of political will. Now, look, we’ve gone through a very tough year, and I’ve been working Congress pretty hard. So I know there may not be an appetite immediately to dive into another controversial issue. There’s still work that has to be done on energy. Midterms are coming up. So I don’t want us to do something just for the sake of politics that doesn’t solve the problem. I want us to get together, get the best ideas on both sides, work this through, and when it’s ready to go, let’s move. But I think we need to start a process at least to open up a smarter, better discussion than the one that is raging right now.

For the past few months, the U.S. Department of Homeland Security,
Citizenship and Immigration Services (”CIS”) has conducted an
investigation program aimed at visiting H-1B petitioner worksites
throughout the U.S. These site visits began as part of the CIS’ goal to
decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS’ Office of Fraud Detection and National Security (”FDNS”), published this past September. According to the FDNS’ findings, as many as one in five H-1B applications were affected by either fraud or “technical violations” of the H-1B program.

Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers.

FDNS has indicated that it does not need a subpoena in order to complete
the site visit because USCIS regulations governing the filing of
immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.

Some common questions that have been raised by employers include: “how are companies selected to be investigated,” “if I am visited, should I be concerned,” “what type of violations are the investigators looking for,”
and “how can I prepare for a site visit from a CIS/FDNS investigator?” To
address these issues in order, firstly any employer who has filed an H-1B
petition can be subject to a site visit. While CIS claims the employers
are chosen at random, close to 40,000 employers’ names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor’s degree, not an advanced degree.

If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.

The objective of the unannounced on-site visits is clear: to detect fraud
and abuses of the visa program. According to USCIS, the offenses range
from technical violations to outright fraud, with the most common
violation being the non- payment of a prevailing wage to the H-1B
beneficiary. More specifically, the investigators may be looking for the
following types of violations: job location not listed on the H-1B
petition and/or LCA; H-1B worker not receiving the required wage;
fraudulent H-1B documents or H-1B worker credentials; non-existent
business or office location; job duties significantly different from those
listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B
worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.

How can you prepare yourself and your company for a possible site visit?
Step one is to ensure that you have Public Access Files (PAF) for each
H-1B worker, and that the PAF documents are accurate and up to date. In
general, it is a good idea to review and audit your H-1B/LCA records to
make sure everything is in order and all information is readily available.
Designate a specific individual at each H-1B worker location to meet the
investigator should he/she arrive. Prepare a quick list of facts about the
company and also a listing of H-1B workers, work locations, title and
salary information so you don’t need to search frantically for this
information while the investigator is there. If you are not sure what a
PAF is, or if you’d like to have your documents reviewed by legal counsel,
you may contact our office at the number or e-mail below.

Learn more About Nachman & Associates, P.C. When traditional immigration  approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our office locations, and speak to an associate in one of our 12
languages spoken, including: Spanish, French, Japanese, Korean, Slovak,
Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.

Website: http://www.visaserve.com
Nachman & Associates, P.C.
David H. Nachman, Managing Attorney
email: david_nachman@visaserve.com

phone: 201-670-0006 ext. 100

Article Source: http://EzineArticles.com/?expert=David_Nachman

Immigration Options for Victims of Crimes: Information for Law Enforcement, Healthcare Providers, and Others; Violence Against Women Act; U Nonimmigrant Status; T Nonimmigrant Status

READ IT HERE AT:

http://drop.io/uscism779

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 call us at 1-201-670-0006 (x100).

By Charles E. Schumer and Lindsey O. Graham

Friday, March 19, 2010

Our immigration system is badly broken. Although our borders have become far more secure in recent years, too many people seeking illegal entry get through. We have no way to track whether the millions who enter the United States on valid visas each year leave when they are supposed to. And employers are burdened by a complicated system for verifying workers’ immigration status.
Last week we met with President Obama to discuss our draft framework for action on immigration. We expressed our belief that America’s security and economic well-being depend on enacting sensible immigration policies.

The answer is simple: Americans overwhelmingly oppose illegal immigration and support legal immigration. Throughout our history, immigrants have contributed to making this country more vibrant and economically dynamic. Once it is clear that in 20 years our nation will not again confront the specter of another 11 million people coming here illegally, Americans will embrace more welcoming immigration policies.
Our plan has four pillars: requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.

Besides border security, ending illegal immigration will also require an effective employment verification system that holds employers accountable for hiring illegal workers. A tamper-proof ID system would dramatically decrease illegal immigration, experts have said, and would reduce the government revenue lost when employers and workers here illegally fail to pay taxes.

We would require all U.S. citizens and legal immigrants who want jobs to obtain a high-tech, fraud-proof Social Security card. Each card’s unique biometric identifier would be stored only on the card; no government database would house everyone’s information. The cards would not contain any private information, medical information, nor tracking devices. The card will be a high-tech version of the Social Security card that citizens already have.

Prospective employers would be responsible for swiping the cards through a machine to confirm a person’s identity and immigration status. Employers who refused to swipe the card or who otherwise knowingly hired unauthorized workers would face stiff fines and, for repeat offenses, prison sentences.

We propose a zero-tolerance policy for gang members, smugglers, terrorists and those who commit other felonies after coming here illegally. We would bolster recent efforts to secure our borders by increasing the Border Patrol’s staffing and funding for infrastructure and technology. More personnel would be deployed to the border immediately to fill gaps in apprehension capabilities.

Other steps include expanding domestic enforcement to better apprehend and deport those who commit crimes and completing an entry-exit system that tracks people who enter the United States on legal visas and reports those who overstay their visas to law enforcement databases.

Ending illegal immigration, however, cannot be the sole objective of reform. Developing a rational legal immigration system is essential to ensuring America’s future economic prosperity.

Ensuring economic prosperity requires attracting the world’s best and brightest. Our legislation would award green cards to immigrants who receive a PhD or master’s degree in science, technology, engineering or math from a U.S. university. It makes no sense to educate the world’s future inventors and entrepreneurs and then force them to leave when they are able to contribute to our economy.

Our blueprint also creates a rational system for admitting lower-skilled workers. Our current system prohibits lower-skilled immigrants from coming here to earn money and then returning home. Our framework would facilitate this desired circular migration by allowing employers to hire immigrants if they can show they were unsuccessful in recruiting an American to fill an open position; allowing more lower-skilled immigrants to come here when our economy is creating jobs and fewer in a recession; and permitting workers who have succeeded in the workplace, and contributed to their communities over many years, the chance to earn a green card.

For the 11 million immigrants already in this country illegally, we would provide a tough but fair path forward. They would be required to admit they broke the law and to pay their debt to society by performing community service and paying fines and back taxes. These people would be required to pass background checks and be proficient in English before going to the back of the line of prospective immigrants to earn the opportunity to work toward lawful permanent residence.

The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.

Charles E. Schumer is a Democratic senator from New York. Lindsey O. Graham is a Republican senator from South Carolina.

Beginning February 22, 2010, applicants submitting Form I-102 by itself must mail their application to the USCIS Phoenix or Dallas Lockbox facility, based on where they are located. Detailed guidance can be found in the updated Form I-102 instructions, which can be accessed through the Form I-102 link to the right. Applicants submitting their Form I-102 with another form should submit both forms according to the filing instructions for the other form.

NATO and Partnership for Peace under SOFA Military Members seeking an initial Form I-94 should submit their application through their foreign commander or designee, to NATO/Headquarters, Supreme Allied Commander Transformation at NATO/HQ SACT, 7857 Blandy Road, Suite 100, ATTN: Legal Affairs, Norfolk, VA 23551-2490.

The Service Centers will forward mail to the USCIS Phoenix and Dallas Lockbox facilities for 30 days until March 24, 2010. After March 24, 2010, applications incorrectly filed at the Service Centers will be returned to the applicant, with a note to send the application to the correct location.

Applicants filing a Form I-102 at a USCIS Lockbox facility, may elect to receive an email and/or text message notifying them that their application has been accepted. They must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of their application.

For more information on USCIS programs, visit www.uscis.gov or call the USCIS National Customer Service Center at 1-800-375-5283.