E-VERIFY: Prospects for Nationalization.

20th Annual Garden State Council — SHRM Conference and Expo for HR Professionals Sunday, October 23- Tuesday, October 25, 2011 Atlantic City Convention Center and Expo

David H. Nachman, Esq. TO SPEAK AT GARDEN STATE COUNCIL SOCIETY FOR HUMAN RESOURCE MANAGEMENT (SHRM) 20th ANNUAL CONFERENCE AND EXPO ON TUESDAY IN ATLANTIC CITY, NEW JERSEY

David H. Nachman, Esq., the Managing Attorney at the NPZ Law Group (f/k/a Nachman & Associates, P.C.) (VISASERVE), a prominent National Immigration and Nationality Law Office located in Ridgewood, New Jersey, will deliver a session entitled “E-VERIFY: Prospects for Nationalization” at the 20th Annual Garden State Council Society for Human Resource Management (GSC SHRM) Conference and Expo scheduled for October 23rd through October 25th, 2011 at the Atlantic City Convention Center. Mr. Nachman is the Vice Chair of the New Jersey Chapter of the American Immigration Lawyer’s Association (AILA) and an Adjunct Professor of Immigration Law at FDU.

This year’s Conference theme “HR 20/20: Evolve, Educate, Execute” is a three day educational conference geared to Human Resource and business practitioners that offers knowledge-filled concurrent sessions, dynamic keynote addresses, pre-conference activities and learning sessions on Sunday, evening networking opportunities with New Jersey’s leading HR vendors and outsourcing partners, knowledge center and job board, and HRCI certification hours. For additional conference information and registration visit http://www.gscshrmconference.org

16 August 2011 – A Nation of Laws and a Nation of Immigrants

Posted by Alejandro Mayorkas, Director, U.S. Citizenship & Immigration Services.

This is part of a series of blog posts exploring the progress we have made in implementing the 9/11 Commission Recommendations.

Respecting and celebrating our tradition as a nation of immigrants strengthens our communities and helps ensure that people of diverse backgrounds share in the rights and freedoms guaranteed under our Constitution.

Every day, the dedicated men and women of U.S. Citizenship and Immigration Services (USCIS) ensure that deserving immigrants receive the benefits for which they are eligible under our nation’s laws. This same dedicated workforce protects the integrity of our nation’s immigration system and helps ensure the system is not abused by those who wish to do our nation harm.

After the 9/11 terrorist attacks, USCIS was created as part of a new national homeland security enterprise to confront and defend against the evolving threats we face and to make America more resilient when a crisis occurs. Its creation was premised upon the basic tenet that for our immigration system to work, we must be able to protect our national security.

Through USCIS’s enhanced efforts to protect national security, USCIS can more effectively screen for security threats while efficiently processing legitimate benefits for people rightfully coming to the United States. To that end, USCIS has taken and continues to take steps responsive to the 9/11 Commission Report’s recommendations. In our efforts, for example, to combat immigration fraud:

1. We redesigned the Permanent Resident Card, commonly known as the Green Card, to include a radio frequency identification tag that allows Customs and Border Protection to quickly access the electronic records of travelers seeking to enter the United States and includes new security features that reduce the risks of counterfeiting, tampering, and fraud.

2. We redesigned the Certificate of Naturalization, utilizing a tamper-proof printing process and embedding digitized photos and signatures.

3. We added a machine-readable zone to the Employment Authorization Document (EAD) to make it easier for border control officers to more efficiently identify people who have already been approved for immigration benefits and who have been reviewed previously by USCIS officers.

4. We have enhanced our partnership with the Forensic Document Laboratory which is dedicated exclusively to detecting fraudulent documents. As a result, we can better identify fake documents used to seek immigration benefits.

We also have enhanced our sharing of information with key federal partners:

1. Dozens of our Fraud Detection and National Security (FDNS) officers are aligned with local FBI-led Joint Terrorism Task Forces (JTFFs) to coordinate resources and provide immigration expertise to federal government agencies in support of terrorism investigations.

2. Our FDNS officers furnish support to the National Counterterrorism Center (NCTC), the FBI’s National Joint Terrorism Task Force, the Terrorist Screening Center, and U.S. Immigration and Customs Enforcement’s National Security Unit.

3. We regularly exchange information with US-VISIT related to refugee claimants under existing data-sharing agreements with foreign-government partners.

Our efforts reflect our commitment to oversee lawful immigration to the United States by strengthening the security and integrity of our nation’s immigration system while providing effective customer-oriented immigration benefit and information services.

You can read more about the Department’s efforts to implement the 9/11 Commission report’s recommendations here.

Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation.

Release Date: August 2, 2011

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

“The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Secretary Napolitano. “Today’s announcements will help our nation fully realize the potential of existing immigration laws.”

“Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation’s economy,” said Director Mayorkas. “USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward.”

These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs. They have also been one key focus of the President’s Council on Jobs and Competitiveness, which has recommended taking action to help ensure that America can out-innovate and out-compete the world in a global economy.

USCIS has published a Frequently Asked Questions (FAQs) document on its website clarifying that entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States. USCIS will complement these FAQs with internal training on the unique characteristics of entrepreneurial enterprises and startup companies and incorporate input from the upcoming stakeholder engagements detailed below.

The EB-2 visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences, or business. Generally, an EB-2 visa petition requires a job offer and a Department of Labor certification. These requirements can be waived under existing law if the petitioner demonstrates that approval of the EB-2 visa petition would be in the national interest of the United States.

In response to stakeholder feedback, USCIS has also updated existing FAQs to clarify that an H-1B beneficiary who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B nonimmigrant visa – which is used by U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science, engineering, and computer programming.

The EB-5 immigrant investor program is also being further enhanced by transforming the intake and review process. In May, USCIS proposed fundamental enhancements to streamline the EB-5 process which include: extending the availability of premium processing for certain EB-5 applications and petitions, implementing direct lines of communication between the applicants and USCIS, and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application. After reviewing stakeholder feedback on the proposal, USCIS is developing a phased plan to roll out these enhancements and is poised to begin implementing the first of these enhancements within 30 days.

Created by Congress in 1990, the program stimulates the U.S. economy through capital investment and resulting job creation by immigrant investors. As of June 30, 2011, it is estimated that the program has resulted in more than $1.5 billion in capital investments and created at least 34,000 jobs.

USCIS has also announced the expansion of its Premium Processing Service to immigrant petitions for multinational executives and managers (often referred to as “E13″). The Premium Processing Service allows employers to expedite processing of their petitions, absent evidentiary deficiencies, fraud or national security concerns.

Finally, USCIS is launching a new series of engagement opportunities for entrepreneurs and startup companies. These opportunities will focus on soliciting input from stakeholders on how USCIS can address the unique circumstances of entrepreneurs, new businesses and startup companies through its policies and regulations in the employment-based arena. For detailed information on USCIS’s public meetings, please visit www.uscis.gov/outreach.

For more information, visit www.uscis.gov.

On TV ASIA, U.S. Immigration Attorneys David Nachman & Michael Phulwani discuss various U.S. Immigration Law Updates:

1. Public Affair and Immigration Part 1 (David H. Nachman/Michael Phulwani)

http://www.youtube.com/watch?v=SdOzcZ-0Uiw

2. Public Affair and Immigration Part 2 (David H. Nachman/Michael Phulwani)

http://www.youtube.com/watch?v=bBe0nsSBK1Q

3. Public Affair and Immigration Part 3 (David Nachman/Michael Phulwani)

http://www.youtube.com/watch?v=hpVuHbB8hCs

4. Public Affair and Immigration Part 4 (David H. Nachman/Michael Phulwani)

http://www.youtube.com/watch?v=_EkDGN1yPKI

Notifying USCIS of a Change of Address Is Important.

It is the sole responsibility of the applicant/petitioner to ensure USCIS has the correct address information on file. For example, USCIS expects to adjudicate 750,000 family-based petitions on or before December 31, 2010. Adjudication of these filings can result in Requests for Evidence (RFEs), and most correspondence sent by USCIS is not forwarded even if a change of address was filed with the U.S. Postal Service. Generally, USCIS denies cases as abandoned when a customer fails to timely respond to an RFE. To ensure that USCIS correspondence is sent to the right address, those seeking benefits must take affirmative steps to notify the agency of address changes.

For more information click check out this link:

http://www.dhs.gov/files/publications/gc_1305649739320.shtm

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. 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 e-mail us at info@visaserve.com or call us at 201-670-0006 (x100).

PRESS RELEASE – For Immediate Release

A Framework for Lasting Reform: Sen. Menendez Introduces “Comprehensive Immigration Reform Act of 2011”

June 22, 2011

Washington, D.C. – Today, Senators Robert Menendez (D-NJ), Harry Reid (D-NV), Patrick Leahy (D-VT), Richard Durbin (D-IL), Charles Schumer (D-NY), Kristen Gillibrand (D-NY) and John Kerry (D-MA) introduced the “Comprehensive Immigration Reform Act of 2011,” a bill that seeks to fix a system that has been broken for far too long. The legislation proposes a balance of solutions, such as enhanced enforcement measures and a mandatory E-verify program which is paired with strategies to address the current population of undocumented workers, improvements to regulating future flows of legal immigration, a commission to study and regulate temporary worker programs, as well as efforts to support the integration of immigrants into America.

The following is a statement from the American Immigration Council’s Executive Director, Ben Johnson:

“We welcome the introduction of the ‘Comprehensive Immigration Reform Act of 2011’ the first immigration reform bill of the 112th Congress that proposes a framework for lasting reform. Senator Menendez and co-sponsors should be commended for offering the country an alternative to the enforcement-only bills proposed by immigration restrictionists. While some politicians propose mandatory E-verify without any counter-balancing attempt to help needed workers retain their jobs, the Menendez bill proposes a strategy for the current population of unauthorized immigrants to get right with the law, implementing mandatory E-verify only in the context of broader system reforms.

The Comprehensive Immigration Reform Act’ presents Congress with a clear choice between enforcement-only bills that squander the country’s resources and human capital, and thoughtful, long-range legislation that puts in place the tools for a 21st century immigration system. Members of Congress have, thus far, provided only simplistic enforcement-only solutions and sound bites. The Menendez bill, however, gives Congress the chance to prove that it is willing to put good policy over political expediency, engage in a serious and constructive debate over immigration reform, and focus on realistic solutions rather than passing this year’s political Band-aid.”

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For press inquiries contact Seth Hoy at shoy@immcouncil.org or 202-507-7509.

MORE JOBS IN CANADA! Canadian Immigration prospects are better than ever. Economists had predicted that 15,000 people would join the Canadian workforce in January 2011. According to a recent announced by Statistics Canada however, almost 70,000 people were added to the workforce in Canada last month, almost 5 times the amount originally predicted! The provinces of Alberta and Ontario experienced the highest job growth rates, with Alberta adding 22,000 jobs last month. According to the report, Canada has regained all of its jobs lost from the recession. Please sign up for our free monthly E-zine at www.visaserve.com for regular updates about Canadian immigration.

Immigration and Customs Enforcement (ICE) has confirmed that the agency is serving more than 500 Notices of Inspection (NOIs) to companies throughout the U.S. this week. According to ICE, the audits flow in large part from leads about employers who allegedly are engaging in hiring unauthorized workers and paying employees unfair wages or otherwise exploiting workers.

For assistance with regard to an audit or investigation concerning an immigration related liability from any U.S. or Canadian government agency, please feel free to contact the lawyers at Nachman & Associates, P.C.
(VISASERVE) at 201-670-0006 (x100) or by e-mail at info@visaserve.com. For more information about our immigration law services, please check out our website at http://www.visaserve.com.

Consider doing an internal Form I-9 audit or an external audit performed a representative of our office! Immigration and Customs Enforcement (”ICE”) announced on July 1st, 2009 that it will send audit letters to 652 businesses throughout the U.S. to determine whether they are complying with employment verification laws and regulations.

The ICE News Release states: “Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.”

The 652 businesses being presented with a Notice of Inspection. Apparently, an I-9 audit may have been selected for inspection as a result of leads and information obtained through other investigative means. ICE further states: “Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.” The ICE Release can be viewed at http://www.ice.gov/pi/nr/0907/090701washington.htm

Our office is in the process of assisting several employers with these audits and it appears that, for many, the receipt of information from the U.S. Social Security Administration or the State Department of Labor may be the genesis of the investigation.

For more information on the I-9 Audits, the Employment Verification Process or prearing a response to a Notice of Investigation from ICE, please visit the ICE website at www.ice.gov or contact our offices at www.visaserve.com. You can also call us at 201-670-0006 (x107).