Update: Foreign Worker Slots Remaining for FY 2012.

U.S. Citizenship and Immigration Services (“USCIS”) still has slots available in fiscal year 2012 for foreign workers in specialty occupations under the H-1B program.

Thus, employers who seek an employment start date on or after October 1, 2011 (the start of the 2012 fiscal year) for foreign workers in specialty occupations can still file visa petitions on behalf of those workers. By rule, the specialty occupations include, but are not limited to: scientists, engineers and computer programmers.

Petitions should be filed as soon as possible in order to avoid being shut down by the annual cap limitation for the H-1B program (cap amount of 65,000 for FY 2012).

Some petitions will be exempt from the cap if they are made on behalf of certain individuals who have obtained an advanced U.S.degree, but USCIS grants the exemption only to the first 20,000 applications.

The current H-1B counts for petitions filed to date are as follows through July 1, 2011:

• H-1B Regular Cap: 18,400 cap-eligible petitions

• H-1B Advanced Degree Exemption: 11,900 petitions

Up to 6,800 visas may also be set aside for workers from Chile and Singapore, pursuant to the H-1B1 program arising out of the U.S.-Chile and U.S.-Singapore Free Trade Agreements.

H-1B petitions, in order to be properly filed, must be complete and accurate. Necessary documents include, but are not limited to the following:

• A Form I-129 petition with appropriate supplements;

• Labor condition applications on Form ETA 9035;

• Required evidence of a beneficiary’s educational background;

• Duplicate copies of certain documents; and

• Consulate-specific forms required by the Department of State where appropriate.

If you are in need of more information about business immigration, please check the pertinent section of our Website at www.visaserve.com or call our offices at (201) 670-0006.

THE NEUFELD MEMORANDUM REVISITED AND THE H-1B VISA CLIMATE: The New Face of Enforcement in the H-1B World.

As a result of increased site visits and a general inclination to decrease the number of H-1B’s approved, the U.S. Citizenship and Immigration Services (”USCIS”) published a watershed memo on January 8th, 2010 (“the Neufeld Memo”). The Neufeld Memo radically changed the way that H-1B’s were adjudicated. The Neufeld Memo also put enormous pressure on employers to satisfy additional evidence requirements justifying any work performed by an H-1B visa holder off of the H-1B visa petitioner’s premises. Additionally, the Neufeld Memo added additional requirements for H-1B petitioners to obtain H-1B extensions. It is this author’s opinion that as a result of this Neufeld Memo, employers will see automatic requests for evidence in any case where the beneficiary may be performing offsite work and for any H-1B visa extension petition. It continues to be our strong recommendation that employers add a section to their H-1B petitions which cover the issues addressed by the Neufeld Memo. Even one and one half years after this Memo was promulgated.

USCIS is still concerned about whether or not there is a valid employer-employee relationship. The Neufeld Memo basically states that hiring a person to work in the United States requires more than merely paying the wage or placing that person on the payroll of the H-1B petitioning organization. In considering whether or not there is a valid “employer-employee relationship” for purposes of H-1B petition adjudication, USCIS must determine if the employer exercises a sufficient level of “control” over the prospective H-1B employee. Clearly, if the employee will be working “on site” in the H-1B petitioner’s office, doing specific tasks for the petitioner, this will not be viewed as raising a “control” issue. However, with the publication of the Neufeld Memo, it remains our opinion that all employers need to address the “control” issue upon initial submission of an H-1B petition to the USCIS.

The prospective H-1B petitioner organization must be able to establish that it has the “right to control” when, where, and how the prospective H-1B nonimmigrant beneficiary will perform the professional and specialty occupation job and the USCIS will consider the following items to make such a determination (with no one of the following factors being decisive with regard to the issue of “control”):

(1) Does the potential H-1B petitioner supervise the prospective H-1B beneficiary and is such supervision off-site or on-site?
(2) If the supervision is off-site, how does the petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
(3) Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
(4) Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
(5) Does the petitioner hire, pay, and have the ability to fire the beneficiary?
(6) Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
(7) Does the petitioner claim the beneficiary for tax purposes?
(8) Does the petitioner provide the beneficiary any type of employee benefits?
(9) Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
(10) Does the beneficiary produce an end-product that is directly linked to the petitioner’s line of business?
(11) Does the petitioner have the ability to control the manner and means in which the work product of the beneficiary is accomplished?

In addition to the foregoing, the USCIS provides specific examples of employment situations in which the “control” issue is not considered to be problematic. Please note that there are numerous variations of these scenarios and that each employment situation may not fit squarely into the examples provided by the USCIS.

The “Traditional Employment” Scenario:

If the prospective H-1B beneficiary works at an office location owned/leased by the prospective H-1B petitioner and the beneficiary reports directly to the petitioner on a daily basis, the petitioner sets the work schedule of the beneficiary, the beneficiary uses the petitioner’s tools/instrumentalities to perform the duties of employment, and the petitioner directly reviews the work-product of the beneficiary. The petitioner claims the beneficiary for tax purposes and provides medical benefits to the beneficiary.

The “Temporary/Occasional Off-Site Employment” Scenario:

The prospective H-1B nonimmigrant petitioner is an accounting firm with numerous clients. The beneficiary is an accountant. The beneficiary is required to travel to different client sites for auditing purposes. In performing such audits, the beneficiary must use established firm practices. If the beneficiary travels to an off-site location outside the geographic location of the employer to perform an audit, the petitioner provides food and lodging costs to the beneficiary. The beneficiary reports to a centralized office when not performing audits for clients and has an assigned office space. The beneficiary is paid by the petitioner and receives employee benefits from the petitioner.

The “Long-Term/Permanent Off-Site Employment” Scenario:

The prospective H-1B nonimmigrant petitioner is an architectural firm and the beneficiary is an architect. The petitioner has a contract with a client to build a structure in a location out of state from the petitioner’s main offices. The petitioner will place its architects and other staff at the off-site location while the project is being completed. The contract between the petitioner and client states that the petitioner will manage its employees at the off-site location. The petitioner provides the instruments and tools used to complete the project, the beneficiary reports directly to the petitioner for assignments, and progress reviews of the beneficiary are completed by the petitioner. The underlying contract states that the petitioner has the right to ultimate control of the beneficiary’s work.

The USCIS has specifically stated that the following scenarios are now NOT acceptable to meet the “control” issue with regard to H-1B employment:

The “Self-Employed Beneficiaries” Scenario:

The prospective H-1B nonimmigrant petitioner is a fashion merchandising company that is owned by the beneficiary. The beneficiary is a fashion analyst. The beneficiary is the sole operator, manager, and employee of the petitioning company. The beneficiary cannot be fired by the petitioning company. There is no outside entity which can exercise control over the beneficiary. The petitioner has not provided evidence that the corporation, and not the beneficiary herself, will be controlling her work.

The above example (cited in the Neufeld Memo) is similar to a case recently addressed by our office for one of our clients. We have successfully processed a case such as this in the past. However, it is likely that these facts will inevitably lead to a much more complex H-1B case processing procedure by the government.
The USCIS admits that a sole stockholder of a corporation can be employed by a corporation as the corporation is a separate legal entity from its owners and even its sole owner. However, an H-1B beneficiary/employee who owns a majority of the sponsoring entity and who reports to no one but him or her may not be able to establish that a valid employment relationship exists in that the beneficiary. The issue is whether the prospective H-1B nonimmigrant petitioner can establish the requisite “control”.

The Neufeld Memo states that the Administrative Appeals Office (”AAO”) correctly determined that corporations are separate and distinct from their stockholders and that a corporation may petition for, and hire, their principal stockholders as H-1B nonimmigrant employees. However, the AAO did not reach the question of how, or whether, petitioners must establish that such beneficiaries are bona fide “employees” of “United States employers” having an “employer-employee relationship.” While it is correct that a petitioner may employ and seek H-1B classification for a beneficiary who happens to have a significant ownership interest in a petitioner, this does not automatically mean that the beneficiary is a bona fide employee.

What we believe that the USCIS is saying is that if a corporation’s sole shareholder and sole employee is the H-1B nonimmigrant beneficiary, the case is likely to be denied. If the H-1B nonimmigrant beneficiary is one of several shareholders (not a majority shareholder of the corporation and is NOT the sole employee) then the USCIS can approve the case. It appears to be the case that any person who has a small company, where the H-1B beneficiary is one of the main officers or shareholders of the company, will have a very difficult time obtaining an H-1B approval. This was one of the new rules that came out of the Neufeld Memo. In addition, our office continues to find that prospective H-1B nonimmigrant petitioners which have approval of an H-1B already (that fit in this scenario) are likely to have difficulty extending the H-1B nonimmigrant professional and specialty occupation visa on a going forward basis.

The “Independent Contractor” Scenario:

The beneficiary is a sales representative. The prospective H-1B nonimmigrant petitioner is a company that designs and manufactures skis. The beneficiary sells these skis for the petitioner and works on commission. The beneficiary also sells skis for other companies that design and manufacture skis that are independent of the petitioner. The petitioner does not claim the beneficiary as an employee for tax purposes. The petitioner does not control when, where, or how the beneficiary sells its or any other manufacturer’s products. The petitioner does not set the work schedule of the beneficiary and does not conduct performance reviews of the beneficiary.

In the past, the USCIS has stated that H-1B nonimmigrants must be employees, which means that they must be paid using a W-2 (and not a 1099). The Neufeld Memo solidifies this long-standing rule and provides a basis for a denial of an H-1B where an H-1B visa holder is treated as an “Independent Contractor”.

The “Third-Party Placement/ “Job-Shop”" Scenario:

The prospective H-1B nonimmigrant petitioner is a computer consulting company. The petitioner has contracts with numerous outside companies in which it supplies these companies with employees to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis. The beneficiary is a computer analyst. The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company’s payroll. Once placed at the client company, the beneficiary reports to a manager who works for the third-party company. The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company. The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments. The beneficiary’s end-product, the payroll, is not in any way related to the petitioner’s line of business, which is computer consulting. The beneficiary’s progress reviews are completed by the client’ company, not the petitioner.

This scenario eliminates personnel or consulting agency placements for the H-1B nonimmigrant visa category. All placement firms that now use the H-1B visas to place workers at third-party companies whereby the H-1B petitioner’s role is basically relegated to payroll will no longer be able to utilize H-1B visas. The only type of H-1B visas that will be allowed by personnel agencies will be for in-house positions. One good thing that comes out of the Neufeld Memo is that many current H-1B visas, being used by some Indian Job Shops, who place workers in third-party positions, will be permissible only if the “control” issues are appropriately met. As a result of the Neufeld Memo, shabby and ill prepared job shops will slowly be eliminated as they will be unable to use the H-1B classification. Ultimately, this will leave more H-1B visas available for the “traditional” employers.

As previously pointed out, H-1B nonimmigrant professional and specialty occupation worker employers will have an extra burden proving the Employer-Employee relationship on initial H-1B petitions.
The Neufeld Memo states that the prospective H-1B nonimmigrant petitioner can demonstrate an employer-employee relationship by providing a combination of the following or similar types of evidence:

• A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested;

• Copy of signed Employment Agreement between the petitioner and beneficiary detailing the terms and conditions of employment;

• Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary;

• Copy of relevant portions of valid contracts between the petitioner and a client (in which the petitioner has entered into a business agreement for which the petitioner’s employees will be utilized) that establishes that while the petitioner’s employees are placed at the third-party worksite, the petitioner will continue to have the right to control its employees;

• Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence;

• Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner’s discretion over when and how long the beneficiary will work, the method of payment, the petitioner’s role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employee benefits, and the tax treatment of the beneficiary in relation to the petitioner;

• A description of the performance review process; and/or

• Copy of petitioner’s organizational chart, demonstrating beneficiary’s supervisory chain.

Our office continues to suggest to our prospective H-1B nonimmigrant petitioners that employer’s filing initial H-1B petitions submit some or all of this information as part of their petition. If not, the employer should expect an extensive Request For Evidence (”RFE”) document from the government requesting detailed information.

The New Rule For H-1B Extension Petitions.

The new rule for H-1B extension petitions is that a beneficiary must continue to establish that a valid employer-employee relationship exists. The prospective H-1B nonimmigrant petitioner can do so by providing evidence that the petitioner continues to have the right to control the work of the beneficiary, as described above. The prospective H-1B nonimmigrant petitioner may also include a combination of the following or similar evidence to document that it maintained a valid employer-employee relationship with the beneficiary throughout the initial H-1B status approval period:

• Copies of the beneficiary’s pay records (leave and earnings statements, and pay stubs, etc.) for the period of the previously approved H-1B status;

• Copies of the beneficiary’s payroll summaries and/or Form W-2s, evidencing wages paid to the beneficiary during the period of previously approved H-1B status;

• Copy of Time Sheets during the period of previously approved H-1B status;

• Copy of prior years’ work schedules;

• Documentary examples of work product created or produced by the beneficiary for the past H-1B validity period, (i.e., copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, designs, blueprints, newspaper articles, web-site text, news copy, photographs of prototypes, etc.). Note: The materials must clearly substantiate the author and date created;

• Copy of dated performance review(s); and/or

• Copy of any employment history records, including but not limited to, documentation showing date of hire, dates of job changes, i.e. promotions, demotions, transfers, layoffs, and pay changes with effective dates.

If USCIS determines, while adjudicating the extension petition, that the prospective H-1B nonimmigrant petitioner failed to maintain a valid employer-employee relationship with the beneficiary throughout the initial approval period, or violated any other terms of its prior H-1B petition, the extension petition may be denied unless there is a compelling reason to approve the new petition (e.g., the petitioner is able to demonstrate that it did not meet all the terms and conditions through no fault of his own.)

Until the promulgation of the Neufeld Memo, H-1B extensions have been granted almost automatically as long as the prospective H-1B nonimmigrant petitioner stated that the beneficiary would be performing the same work as previously petitioned for. The Neufeld Memo exponentially increased the number of RFE’s and denials in extension cases.

Our office is convinced that these new and harsh rules are a result of the USCIS site visits and numerous violations USCIS has seen as a result of the site visits. The state of the U.S. economy certainly has not helped the situation any either. USCIS will no longer permit employers to flaunt the rules and “business as usual” will no longer be an acceptable mode. We continue to see an uptick in ICE, CIS, and DOL compliance issues. We continue to warn our employer clients about the government scrutiny in many areas where there may be perceive abuse of the U.S. immigration and nationality laws.

ICE announces employment authorization eligibility for certain Libyan students

WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) has announced special relief for certain F-1 Libyan students who have suffered severe economic hardship as a direct result of the civil unrest in Libya since February 2011. This relief applies only to students who were lawfully present in the United States in F-1 status on Feb. 1, 2011, and enrolled in an institution that is certified by ICE’s Student and Exchange Visitor Program.

ICE has published a notice in the Federal Register suspending certain regulatory requirements in order to allow eligible Libyan F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status.

“We want to ensure that students from Libya, who were here when civil unrest began, are able to continue their studies without the worry of financial burdens due to the armed conflict,” said Louis Farrell, director for the Student and Exchange Visitor Program. “The changes announced in this notice will allow eligible students from Libya to obtain employment authorization so that they can meet their basic living expenses while continuing to pursue their education in the United States.”

There has been an ongoing armed conflict in Libya since February. Approximately 2,000 Libyan F-1 students are currently enrolled in schools in the United States. The armed conflict in Libya has increased the financial burden on many of these students, who previously relied on assistance from the Libyan government or family members in Libya to meet basic living expenses. In addition, the situation in Libya has made it unfeasible for these students to safely return to Libya in the foreseeable future.

ICE manages the Student and Exchange Visitor Program and the Student and Exchange Visitor Information System, which automates the process for collecting, maintaining, and managing information about international foreign students, exchange visitors and their dependents during their stay in the United States.

The Department of State has also announced special relief for certain Libyan J-1 exchange visitors who have suffered severe economic hardship as a direct result of the civil unrest in Libya since February 2011. More information about this relief is available in the Federal Register.

To learn more about the Student and Exchange Visitor Program, visit www.ice.gov.

A fact sheet regarding employment authorization eligibility for certain Libyan students is available on the website.

CBP Reminds Travelers about Requirements for Admission into U.S. and I-94 Permit Process.

(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

USCIS Launches I-9 Central on USCIS.gov – May 13, 2011 – New Online Resource Provides Enhanced, Easy-to-Access Guidance for Employers and Employees.

U.S. Citizenship and Immigration Services (USCIS) today launched I-9 Central, a new online resource center dedicated to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification. This free, easy-to-use website builds on recent employment-related enhancements by providing employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.

“I-9 Central is the latest in our ongoing efforts to better serve the 7.5 million employers who use Form I-9 every time they hire an employee,” said USCIS Director Alejandro Mayorkas. “It provides critical information for all employers – whether they hire a single employee or hundreds – in an accessible, intuitive and comprehensive online format.” The launch of I-9 Central follows the introduction of other important USCIS employment-related resources. These resources include E-Verify Self Check, a service launched in March that allows workers and job seekers in the United States to check their own employment eligibility status online, and an updated “Handbook for Employers: Instructions for Completing Form I-9 (M-274)” published earlier this year.

I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. I-9 Central also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors, and answers to employers’ recent questions about the Form I-9 process. I-9 Central complements existing Form I-9 resources including the current Form I-9 Web page, the form instructions, and the above-referenced “Handbook for Employers.” USCIS also offers free webinars on completing Form I-9.

By law, U.S. employers must verify the identity and employment authorization for every worker they hire after Nov. 6, 1986, regardless of the employee’s immigration status. To comply with the law, employers must complete Form I-9. Visit or link to I-9 Central at www.uscis.gov/I-9central.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

ICE announces expanded list of science, technology, engineering, and math degree programs – Qualifies eligible graduates to extend their post-graduate training.

U.S. Immigration and Customs Enforcement (ICE) today published an expanded list of science, technology, engineering, and math (STEM) degree programs that qualify eligible graduates on student visas for an Optional Practical Training (OPT) extension-an important step forward in the Obama administration’s continued commitment to fixing our broken immigration system and expanding access to the nation’s pool of talented high skilled graduates in the science and technology fields. The announcement follows President Obama’s recent remarks in El Paso, Texas, where he reiterated his strong support for new policies that embrace talented students from other countries, who enrich the nation by working in science and technology jobs and fueling innovation in their chosen fields here in the United States, as a part of comprehensive reform.

By expanding the list of STEM degrees to include such fields as Neuroscience, Medical Informatics, Pharmaceutics and Drug Design, Mathematics and Computer Science, the Obama administration is helping to address shortages in certain high tech sectors of talented scientists and technology experts-permitting highly skilled foreign graduates who wish to work in their field of study upon graduation and extend their post-graduate training in the United States. Under the OPT program, foreign students who graduate from U.S. colleges and universities are able to remain in the U.S. and receive training through work experience for up to 12 months. Students who graduate with one of the newly-expanded STEM degrees can remain for an additional 17 months on an OPT STEM extension.

Creative Solutions to Complex Problems – When traditional immigration approaches do not work, we analyze a candidate’s resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.

Contact Us – Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English. To schedule a consultation, please feel free to contact Nachman & Associates by e-mail or call 201-670-0006 (x100).

The country they built is a nation of immigrants and a nation of laws, a legacy that shapes the Administration’s vision for a 21st century immigration system.

“The United States reaps numerous and significant economic rewards because we remain a magnet for the best, brightest, and most hardworking from across the globe. Many travel here in the hopes of being a part of an American culture of entrepreneurship and ingenuity, and by doing so strengthen and enrich that culture and in turn create jobs for American workers. From U.S. Steel to Google, Inc., immigrants have long helped America lead the world.

Nearly every American family has their own immigration story. Generations of immigrants braved hardship and great risk to reach our shores in search of a better life for themselves and their families. Their names and actions may not have made it into history books, but they were essential to building this country. Indeed, this constant flow of immigrants has helped make America what it is today. The country they built is a nation of immigrants and a nation of laws, a legacy that shapes the Administration’s vision for a 21st century immigration system.”

The Obama Administration has now released a new plan for Comprehensive Immigration Reform in the United States.

Click below to learn more about it.

http://www.visaserveblog.com/tp-090109083643/post-110511131423.shtml

http://www.visaserveblog.com/tp-090109083643/post-110511131423/immigration_blueprint.pdf

Creative Solutions to Complex Problems – When traditional immigration approaches do not work, we analyze a candidate’s resume and determine if they may qualify for various nonimmigrant or temporary work permits or permanent immigrant visa transfer options such as outstanding researcher classification, TN under NAFTA or E-3 classification for Australia. Now that the H-1B nonimmigrant visa has become more difficult to obtain, we work closely with our clients who are seeking to transfer highly-skilled foreign national workers to the U.S. to determine if there are other nonimmigrant options for such transfers. No matter what the situation, our attorneys work hard to provide a variety of visa options to support their needs.

Contact Us – Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English. To schedule a consultation, please feel free to contact Nachman & Associates by e-mail at info@visaserve.com or please feel free to call 201-670-0006 (x100).

The White House provided this transcript of President Obama’s remarks in El Paso on Tuesday, May 10th.

Hello, El Paso! It’s great to be back here with all of you, and to be back in the Lone Star State. I love coming to Texas. Even the welcomes are bigger down here. So, to show my appreciation, I wanted to give a big policy speech… outdoors… right in the middle of a hot, sunny day.

I hope everyone is wearing sunscreen.

Now, about a week ago, I delivered the commencement address at Miami Dade Community College, one of the most diverse schools in the nation. The graduates were proud that their class could claim heritage from 181 countries around the world. Many of the students were immigrants themselves, coming to America with little more than the dreams of their parents and the clothes on their backs. A handful had discovered only in adolescence or adulthood that they were undocumented. But they worked hard and gave it their all, and they earned those diplomas.

At the ceremony, 181 flags – one for every nation represented – was marched across the stage. Each was applauded by the graduates and relatives with ties to those countries. But then, the last flag – the American flag – came into view. And the room erupted. Every person in the auditorium cheered. Yes, their parents or grandparents – or the graduates themselves – had come from every corner of the globe. But it was here that they had found opportunity, and had a chance to contribute to the nation that is their home.

It was a reminder of a simple idea, as old as America itself. E pluribus, unum. Out of many, one. We define ourselves as a nation of immigrants – a nation that welcomes those willing to embrace America’s precepts. That’s why millions of people, ancestors to most of us, braved hardship and great risk to come here – so they could be free to work and worship and live their lives in peace. The Asian immigrants who made their way to California’s Angel Island. The Germans and Scandinavians who settled across the Midwest. The waves of the Irish, Italian, Polish, Russian, and Jewish immigrants who leaned against the railing to catch that first glimpse of the Statue of Liberty.

This flow of immigrants has helped make this country stronger and more prosperous. We can point to the genius of Einstein and the designs of I. M. Pei, the stories of Isaac Asimov and whole industries forged by Andrew Carnegie.

And I think of the naturalization ceremonies we’ve held at the White House for members of the military, which have been so inspiring. Even though they were not yet citizens, these men and women had signed up to serve. One was a young man named Granger Michael from Papua New Guinea, a Marine who deployed to Iraq three times. Here’s what he said about becoming an American citizen. “I might as well. I love this country already.” Marines aren’t big on speeches. Another was a woman named Perla Ramos. She was born and raised in Mexico, came to the United States shortly after 9/11, and joined the Navy. She said, “I take pride in our flag … and the history we write day by day.”

That’s the promise of this country – that anyone can write the next chapter of our story. It doesn’t matter where you come from; what matters is that you believe in the ideals on which we were founded; that you believe all of us are equal and deserve the freedom to pursue happiness. In embracing America, you can become American. And that enriches all of us.

Yet at the same time, we are standing at the border today because we also recognize that being a nation of laws goes hand in hand with being a nation of immigrants. This, too, is our heritage. This, too, is important. And the truth is, we’ve often wrestled with the politics of who is and who isn’t allowed to enter this country. At times, there has been fear and resentment directed toward newcomers, particularly in periods of economic hardship. And because these issues touch on deeply held convictions – about who we are as a people, about what it means to be an American – these debates often elicit strong emotions.

That’s one reason it’s been so difficult to reform our broken immigration system. When an issue is this complex and raises such strong feelings, it’s easier for politicians to defer the problem until after the next election. And there’s always a next election. So we’ve seen a lot blame and politics and ugly rhetoric. We’ve seen good faith efforts – from leaders of both parties – fall prey to the usual Washington games. And all the while, we’ve seen the mounting consequences of decades of inaction.

Today, there are an estimated 11 million undocumented immigrants in the United States. Some crossed the border illegally. Others avoid immigration laws by overstaying their visas. Regardless of how they came, the overwhelming majority of these folks are just trying to earn a living and provide for their families. But they’ve broken the rules, and have cut in front of the line. And the truth is, the presence of so many illegal immigrants makes a mockery of all those who are trying to immigrate legally.

Also, because undocumented immigrants live in the shadows, they’re vulnerable to unscrupulous businesses that skirt taxes, pay workers less than the minimum wage, or cut corners with health and safety. This puts companies who follow those rules, and Americans who rightly demand the minimum wage or overtime or just a safe place to work, at an unfair disadvantage.

Think about it. Over the past decade, even before the recession, middle class families were struggling to get by as costs went up but incomes didn’t. We’re seeing this again with gas prices. Well, one way to strengthen the middle class is to reform our immigration system, so that there is no longer a massive underground economy that exploits a cheap source of labor while depressing wages for everyone else. I want incomes for middle class families to rise again. I want prosperity in this country to be widely shared. That’s why immigration reform is an economic imperative.

And reform will also help make America more competitive in the global economy. Today, we provide students from around the world with visas to get engineering and computer science degrees at our top universities. But our laws discourage them from using those skills to start a business or power a new industry right here in the United States. So instead of training entrepreneurs to create jobs in America, we train them to create jobs for our competition. That makes no sense. In a global marketplace, we need all the talent we can get – not just to benefit those individuals, but because their contributions will benefit all Americans.

Look at Intel and Google and Yahoo and eBay – these are great American companies that have created countless jobs and helped us lead the world in high-tech industries. Every one was founded by an immigrant. We don’t want the next Intel or Google to be created in China or India. We want those companies and jobs to take root in America. Bill Gates gets this. “The United States will find it far more difficult to maintain its competitive edge,” he’s said, “if it excludes those who are able and willing to help us compete.”

It’s for this reason that businesses all across America are demanding that Washington finally meet its responsibility to solve the immigration problem. Everyone recognizes the system is broken. The question is, will we summon the political will to do something about it? And that’s why we’re here at the border today.

In recent years, among the greatest impediments to reform were questions about border security. These were legitimate concerns; it’s true that a lack of manpower and resources at the border, combined with the pull of jobs and ill-considered enforcement once folks were in the country, contributed to a growing number of undocumented people living in the United States. And these concerns helped unravel a bipartisan coalition we forged back when I was a United States Senator. In the years since, “borders first” has been a common refrain, even among those who previously supported comprehensive immigration reform.

Well, over the past two years we have answered those concerns. Under Secretary Napolitano’s leadership, we have strengthened border security beyond what many believed was possible. They wanted more agents on the border. Well, we now have more boots on the ground on the southwest border than at any time in our history. The Border Patrol has 20,000 agents – more than twice as many as there were in 2004, a build up that began under President Bush and that we have continued.

They wanted a fence. Well, that fence is now basically complete.

And we’ve gone further. We tripled the number of intelligence analysts working the border. I’ve deployed unmanned aerial vehicles to patrol the skies from Texas to California. We’ve forged a partnership with Mexico to fight the transnational criminal organizations that have affected both of our countries. And for the first time we are screening 100 percent of southbound rail shipments – to seize guns and money going south even as we go after drugs coming north.

So, we have gone above and beyond what was requested by the very Republicans who said they supported broader reform as long as we got serious about enforcement. But even though we’ve answered these concerns, I suspect there will be those who will try to move the goal posts one more time. They’ll say we need to triple the border patrol. Or quadruple the border patrol. They’ll say we need a higher fence to support reform.

Maybe they’ll say we need a moat. Or alligators in the moat.

They’ll never be satisfied. And I understand that. That’s politics.

But the truth is, the measures we’ve put in place are getting results. Over the past two and a half years, we’ve seized 31 percent more drugs, 75 percent more currency, and 64 percent more weapons than before. Even as we’ve stepped up patrols, apprehensions along the border have been cut by nearly 40 percent from two years ago – that means far fewer people are attempting to cross the border illegally.

Also, despite a lot of breathless reports that have tagged places like El Paso as dangerous, violent crime in southwest border counties has dropped by a third. El Paso and other cities and towns along the border are consistently rated among the safest in the nation. Of course, we shouldn’t accept any violence or crime, and we have more work to do. But this progress is important.

Beyond the border, we’re also going after employers who knowingly exploit people and break the law. And we are deporting those who are here illegally. Now, I know that the increase in deportations has been a source of controversy. But I want to emphasize: we are not doing this haphazardly; we are focusing our limited resources on violent offenders and people convicted of crimes; not families, not folks who are just looking to scrape together an income. As a result, we increased the removal of criminals by 70 percent.

That is not to ignore the real human toll. Even as we recognize that enforcing the law is necessary, we don’t relish the pain it causes in the lives of people just trying to get by. And as long as the current laws are on the books, it’s not just hardened felons who are subject to removal; but also families just trying to earn a living, bright and eager students; decent people with the best of intentions. I know some here wish that I could just bypass Congress and change the law myself. But that’s not how a democracy works. What we really need to do is keep up the fight to pass reform. That’s the ultimate solution to this problem.

And I’d point out, the most significant step we can take now to secure the borders is to fix the system as a whole – so that fewer people have incentive to enter illegally in search of work in the first place. This would allow agents to focus on the worst threats on both of our borders – from drug traffickers to those who would come here to commit acts of violence or terror.

So, the question is whether those in Congress who previously walked away in the name of enforcement are now ready to come back to the table and finish the work we’ve started. We have to put the politics aside. And if we do, I’m confident we can find common ground. Washington is behind the country on this. Already, there is a growing coalition of leaders across America who don’t always see eye-to-eye, but who are coming together on this issue. They see the harmful consequences of this broken system for their businesses and communities. They understand why we need to act.

There are Democrats and Republicans, including former-Republican Senator Mel Martinez and former-Bush administration Homeland Security Secretary Michael Chertoff; leaders like Mayor Michael Bloomberg; evangelical ministers like Leith Anderson and Bill Hybels; police chiefs from across the nation; educators and advocates; labor unions and chambers of commerce; small business owners and Fortune 500 CEOs. One CEO had this to say about reform. “American ingenuity is a product of the openness and diversity of this society… Immigrants have made America great as the world leader in business, science, higher education and innovation.” That’s Rupert Murdoch, the owner of Fox News, and an immigrant himself. I don’t know if you’re familiar with his views, but let’s just say he doesn’t have an Obama bumper sticker on his car.

So there is a consensus around fixing what’s broken. Now we need Congress to catch up to a train that’s leaving the station. Now we need to come together around reform that reflects our values as a nation of laws and a nation of immigrants; that demands everyone take responsibility.

So what would comprehensive reform look like?

First, we know that government has a threshold responsibility to secure the borders and enforce the law. Second, businesses have to be held accountable if they exploit undocumented workers. Third, those who are here illegally have a responsibility as well. They have to admit that they broke the law, pay their taxes, pay a fine, and learn English. And they have to undergo background checks and a lengthy process before they can get in line for legalization.

And fourth, stopping illegal immigration also depends on reforming our outdated system of legal immigration. We should make it easier for the best and the brightest to not only study here, but also to start businesses and create jobs here. In recent years, a full 25 percent of high-tech startups in the U.S. were founded by immigrants, leading to more than 200,000 jobs in America. I’m glad those jobs are here. And I want to see more of them created in this country.

We need to provide farms a legal way to hire the workers they rely on, and a path for those workers to earn legal status.

Our laws should respect families following the rules – reuniting them more quickly instead of splitting them apart. Today, the immigration system not only tolerates those who break the rules, it punishes the folks who follow the rules. While applicants wait for approval, for example, they’re often forbidden from visiting the United States. Even husbands and wives may have to spend years apart. Parents can’t see their children. I don’t believe the United States of America should be in the business of separating families. That’s not right. That’s not who we are.

And we should stop punishing innocent young people for the actions of their parents – by denying them the chance to earn an education or serve in the military. That’s why we need to pass the Dream Act. Now, we passed the Dream Act through the House last year. But even though it received a majority of votes in the Senate, it was blocked when several Republicans who had previously supported the Dream Act voted no.

It was a tremendous disappointment to get so close and then see politics get in the way. And as I gave the commencement at Miami Dade, it broke my heart knowing that a number of those promising, bright students – young people who worked so hard and who speak to what’s best about America – are at risk of facing the agony of deportation. These are kids who grew up in this country, love this country, and know no other place as home. The idea that we would punish them is cruel and it makes no sense. We are a better nation than that.

So we’re going to keep up the fight for the Dream Act. We’re going to keep up the fight for reform. And that’s where you come in. I will do my part to lead a constructive and civil debate on these issues. We’ve already held a series of meetings about this at the White House in recent weeks. And we’ve got leaders here and around the country helping to move the debate forward. But this change has to be driven by you – to help us push for comprehensive reform, and to identify what steps we can take right now – like the Dream Act and visa reform – areas where we can find common ground among Democrats and Republicans to begin fixing what’s broken.

I am asking you to add your voices to this debate – and you can sign up to help at whitehouse.gov. We need Washington to know that there is a movement for reform gathering strength from coast to coast. That’s how we’ll get this done. That’s how we can ensure that in the years ahead we are welcoming the talents of all who can contribute to this country; and that we are living up to that basic American idea: you can make it if you try.

That idea is what gave hope to José Hernández, who is here today. José’s parents were migrant farm workers. And so, growing up, he was too. He was born in California, though he could have just as easily been born on the other side of the border, had it been a different time of year, because his family moved with the seasons. Two of his siblings were actually born in Mexico.

They traveled a lot and José joined his parents picking cucumbers and strawberries. He missed part of the school year when they returned to Mexico each winter. He didn’t learn English until he was 12. But José was good at math, and he liked it. The great thing about math was that it’s the same in every school, and it’s the same in Spanish.

So he studied hard. And one day, standing in the fields, collecting sugar beets, he heard on a transistor radio that a man named Franklin Chang-Diaz – a man with a name like his – was going to be an astronaut for NASA.

José decided that he could be an astronaut, too.

So he kept studying, and graduated high school. He kept studying, earning an engineering degree and a graduate degree. He kept working hard, ending up at a national laboratory, helping to develop a new kind of digital medical imaging system.

And a few years later, he found himself more than 100 miles above the surface of the earth, staring out the window of the Shuttle Discovery, remembering the boy in the California fields with a crazy dream and an unshakable belief that everything was possible in America.

That is what we are fighting for. We are fighting for every boy and girl like José with a dream and potential just waiting to be tapped. We are fighting to unlock that promise, and all that it holds not just for their futures, but for the future of this great country.

Thank you. God bless you. And may God bless the United States of America.

Nachman & Associates, P.C.’s Managing Attorney, David H. Nachman, Esq. Named to New Jersey Super Lawyers 2011.

April 2011 (Ridgewood, NJ) – David H. Nachman, Esq., the Managing Attorney at Nachman & Associates, P.C., has been selected for inclusion in New Jersey Super Lawyers 2011, an exclusive list of the top five percent of the state’s legal practitioners. Mr. Nachman is the Managing Attorney of the Firm which focuses its practice on Immigration & Nationality in the U.S. and Canada. Mr. Nachman has extensive experience counseling clients regarding all types of business immigration law issues, and guides corporations in numerous industries about their policies and programs to facilitate hiring and transferring of foreign nationals and international personnel, using the full array of non-immigrant and immigrant visa categories.

Mr. Nachman is an Adjunct Professor of Paralegal Studies at Fairleigh Dickinson University and he serves on the Advisory Board at Bergen Community College. With offices in New York, New Jersey and Canada, the Firm’s immigration law staff provides visas and green cards and work permits for highly-skilled foreign national workers who are seeking to enter the U.S. from countries all over the world. Nachman & Associates, P.C. has several Canadian Attorneys on their staff who assist with transfers of foreign nationals to Canada.

The full list of New Jersey Super Lawyers appears in the April 2011 issue of New Jersey Monthly Magazine. Nominations for New Jersey Super Lawyers are submitted by those with first-hand knowledge of the top lawyers within the state. Each lawyer selected for inclusion is evaluated on 12 indicators of peer recognition and professional achievement, combined with third-party research.

The staff at the immigration law offices at Nachman & Associates, P.C. are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, the Nachman & Associates, P.C. staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. The VISASERVE legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English. To schedule a consultation, please feel free to contact Nachman & Associates by e-mail at info@visaserve.com or call 201-670-0006 (x100).

WASHINGTON – The Justice Department today announced that it has reached a settlement agreement with Restwend LLC, the corporate owner of several Wendy’s restaurants in Maine, to resolve allegations that at least one of its restaurants engaged in employment discrimination by refusing to hire individuals believed to be non-U.S. citizens.

According to the department’s findings, since at least 2009 this Restwend-owned Wendy’s instituted a policy of refusing to hire work authorized individuals whom it believed to be non-U.S. citizens. The Immigration and Nationality Act (INA) generally prohibits discrimination in hiring against authorized workers on the basis of citizenship status.

Under the terms of the settlement, Restwend has agreed to pay $14,500 in back pay, plus interest, to a victim of its citizens-only policy, plus $3,200 in civil penalties. Restwend will also train its human resources personnel about employers’ nondiscrimination responsibilities under the INA, and the company agreed to monitoring provisions.

“No one who is authorized to work in the United States should face discrimination because of their perceived immigration status,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We are pleased to have reached the settlement with Restwend and look forward to continuing to work with all employers, both public and private, to educate them about their responsibilities under federal law.”

The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA, which protects work authorized individuals against discrimination in hiring, firing and recruitment or referral for a fee on the basis of citizenship status and national origin. The INA also protects all work-authorized individuals from discrimination in the employment eligibility verification process and from retaliation.

For more information about protections against employment discrimination under the immigration laws, call 1-800-255-7688 (OSC’s worker hotline) (1-800-237-2525, TDD for hearing impaired), 1-800-255-8155 (OSC’s employer hotline) (1-800-362-2735, TDD for hearing impaired), or 202-616-5594; email osccrt@usdoj.gov; or visit OSC’s website at: www.justice.gov/crt/osc. 11-530. Civil Rights Division.