Mr. John Morton announced a supplement to a previous “prosecutorial discretion” memorandum from Immigration and Customs Enforcement (ICE) that helps to guide immigration law enforcement officials with regard to the ability for the to exercise independent decisions about important immigration initiatives. The important focus of this new memorandum is: (1) that discretion can be exercised by certain designated officials independently; and (2) that the memorandum takes into account DREAM Act eligible persons

One of ICE’s central responsibilities is to enforce the nation’s civil immigration laws in coordination with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). ICE, however, has limited resources to remove those illegally in the United States. ICE must prioritize the use of its enforcement personnel, detention space, and removal assets to ensure that the aliens it removes represent, as much as reasonably possible, the agency’s enforcement priorities, namely the promotion of national security, border security, public safety, and the integrity of the immigration system. These priorities are outlined in the ICE Civil Immigration Enforcement Priorities memorandum of March 2,2011, which this memorandum the attached memorandum is intended to support.

To read the memorandum, please see the link at:

http://www.jdsupra.com/post/documentViewer.aspx?fid=f36c5a91-4913-4f5a-92e1-3ab7ba72db4a

For more information about the memorandum and its application, please feel free to e-mail to us at info@visaserve.com.

You will note the delay in the issuance of our Middle of the Month E-zine.
We did so because David H. Nachman, Esq. was attending the National
American Immigration Lawyer’s Association (”AILA”) Meeting in San Diego,
California. The AILA Meeting is an annual gathering of Immigration Lawyers
and Government Officials from throughout the U.S. At this meeting each
year we are given the opportunity to speak with the Government Officials
that process visas, green cards, advisory opinions, prevailing wage
determinations, removal proceedings, etc. This year, as a newly elected
Board member, Mr. Nachman attended as the Vice Chair of the State of New
Jersey AILA Chapter.

There were a great deal of concerns about visa processing shared by AILA
members with Alejandro Mayorkis, the USCIS Director. Mr. Mayorkis
addressed issues such as the issuance of RFEs, the possibility of speeding
the processing of EB-5 green card cases and the onerous legal standard in
the EB-1 context (Kazarian v. U.S.). Most important is that, all in all,
Mr. Mayorkis (a lawyer himself) reflected a willingness to deal with these
issues in a fairly rapid and balanced manner. Mr. Mayorkis also afforded
the membership a glimpse into the future by stating that USCIS plans for
implementing online profile system would be targeted for December 2011. He
indicated that online profile system will be “kicked-off” with the I-539.

John Morton, the Director of ICE spoke about the improved removals
process. In his presentation he pointed out that his mother is still a
lawful permanent resident and that he was not born in the U.S. Mr. Morton
reminded the attendees at the Conference that his regime brought an online
detainee location system that allows lawyers to find their clients in
detention facilities throughout the U.S. Further, Mr. Morton told the
attendees about a new memorandum, issued last Friday, that further hons
the legal standards for the use of “prosecutorial discretion” by Trial
Attorneys, ICE Officials, Immigration Judges and other Immigration and
Nationality Officials. This new memorandum signifies a huge movement by
ICE to further clarify the use of discretion by Law Enforcement Officials
in secured communities programs and in connection with withholding of
removal and immigration enforcement in general.

For more information about other new developments in the immigration and
nationality arena, please feel free to contact us at info@visaserve.com.

TO SIGN-UP FOR A FREE SUBSCRIPTION OF THE VISASERVE NEWSLETTER, PLEASE EMAIL TO INFO@VISASERVE.COM OR VISIT OUR WEBSITE AT WWW.VISASERVE.COM.
.

U.S. Department of Justice
Executive Office for Immigration Review
Office of Management Programs
5107 Leesburg Pike, Suite 1902 Falls Church, Virginia 22041

June 3, 2011

Federal Agencies Combat Immigration Services Scams
DHS, DOJ and FTC Collaborate with State and Local Partners in Unprecedented Effort

WASHINGTON—The U.S. government will unveil a national initiative to combat immigration services scams on June 9 at 1 p.m. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this historic effort.

DHS’s U.S. Citizenship and Immigration Services (USCIS), the lead agency responsible for administering the U.S. legal immigration system, will announce the initiative while hosting events in seven cities around the country as well as the national launch in Washington, D.C.
The unauthorized practice of immigration law is an exploitative practice that endangers the integrity of our immigration system and victimizes members of the immigrant community. Understanding the gravity of this deceptive practice, federal, state and local partners have come together to combat immigration services scams on all fronts. The initiative is set upon three pillars: enforcement, education, and continued collaboration. Each agency plays a critical role to ensure the success of this national effort.

This initiative exemplifies how government and community can work together to effectively address a serious problem.

WHO: Alejandro Mayorkas, Director, USCIS, DHS John Morton, Assistant Secretary, U.S. Immigration and Customs Enforcement, DHS Tony West, Assistant Attorney General for the Civil Division, DOJ Edith Ramirez, Commissioner, FTC Juan Osuna, Director, Executive Office for Immigration Review, DOJ

WHEN: Thursday, June 9, 2011, 1 p.m. EDT

WHERE: U.S. Citizenship and Immigration Services Tomich Center 111 Massachusetts Avenue, NW Washington, D.C.

CONTACTS: Lauren Alder Reid Counsel, Office of Legislative and Public Affairs 703-305-0289; PAO.EOIR@usdoj.gov

NOTES: For planning purposes, media attending are requested to RSVP to OCOMM.MediaDivision@dhs.gov by close of business June 8, 2011.

- EOIR -

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

Final Rule Adopts Interim Rule to Improving Integrity of Form I-9 Process.

U.S. Citizenship and Immigration Services (USCIS) announced today a final rule, scheduled to be published in tomorrow’s Federal Register, that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

All employers, agricultural recruiters and referrers-for-a-fee are required to verify the identity and employment authorization of each person they hire for employment in the United States. This requirement is set forth in section 274A(a)(1)(B) of the Immigration and Nationality Act, 8 U.S.C. 1324a(a)(1)(B). The key changes made to the Form I-9 process by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents for completion of Form I-9 and adding and modifying several documents on the Lists of Acceptable Documents. The final rule will be effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009), or the previous version (Rev. 02/02/2009).

Questions and Answers

Q. What does the final rule accomplish?

A. The final rule adopts, without change, the changes made to the Form I-9 process by the Department of Homeland Security’s (DHS) interim final rule that has been in effect since April 3, 2009. The changes further DHS’s ongoing effort to increase the integrity of the employment authorization verification process. The key changes include:

* Prohibiting employers from accepting expired documents
* Eliminating from List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards)
* Adding to List A foreign passports containing temporary I-551 printed notations on certain machine-readable immigrant visas
* Adding to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

Q. Why can’t I present an expired document?

A. DHS wants to ensure that documents presented for use in the Form I-9 process are valid and reliably establish both identity and employment authorization. Expired documents are prone to tampering and fraudulent use. The requirement to present only unexpired documents takes into account the time limits placed on these documents by their issuing authorities. If a document does not contain an expiration date, as is often the case with a Social Security card, it is considered unexpired.

Q: Does this final rule make any changes to how Form I-9 is completed?

A: No. The final rule adopts, without change, the interim final rule published on December 17, 2008 and in effect since April 3, 2009. It does not make any changes to how the Form I-9 is currently completed.

Q: Is USCIS issuing a new Form I-9 with this final rule?

A: No. Because the final rule adopts the interim rule without change, USCIS is not issuing a new
Form I-9 with this rule.

Q: Which versions of Form I-9 may I use?

A: Employers may continue to use either the current version of Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). These dates are located on the bottom right-hand corner of the form.

Q: Where can I obtain detailed information about the comments you received and how you responded?

A: Discussion of the public comments is featured in the final rule, available for review on USCIS’s website at www.uscis.gov and published in the Federal Register. The largest number of comments addressed the interim rule’s requirement that all documents presented for Form I-9 purposes be unexpired. Several commentators suggested that the expired documents should be acceptable for some period of time after expiration, e.g., from 30 days to up to five years after expiration. USCIS did not adopt these suggestions because of its concerns about document fraud and employer confusion.

Q: Are the public comments still available for viewing?

A: Yes. The public comments are available on www.regulations.gov under DHS Docket No. USCIS-2008-0001. A description of those comments and the USCIS responses to them are also available in the final rule itself. We have posted a link to the final rule on www.uscis.gov.

Q: Where may I obtain a copy of the newly revised Employer Handbook?

A: The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on January 5, 2011, and is available on the USCIS website at www.uscis.gov/files/form/m-274.pdf.

Last updated:04/14/2011

Final Rule Adopts Interim Rule Improving Integrity of Form I-9 Process:

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov. The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files /form/m-274.pdf.

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.
April 14, 2011

Last updated:04/14/2011

FOR IMMEDIATE RELEASE:

Thursday, March 10, 2011

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

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

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

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

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

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

Manager of 2 Chicago-area staffing companies sentenced for hiring illegal aliens.

CHICAGO – The president of two Chicago-area staffing companies that supplied temporary workers to suburban warehouses has been sentenced to 18 months in prison for hiring illegal aliens to form his labor pool. The sentence resulted from a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Clinton Roy Perkins, 66, was sentenced Feb. 16 to 18 months in prison, to be followed by three years of supervised release, for knowingly hiring illegal aliens at the staffing companies. He pleaded guilty in September 2010. On Feb. 25, U.S. District Judge Joan B. Gottschall also ordered the forfeiture of $465,178 in proceeds obtained as a result of the criminal activity.

Perkins, of Wayne, Ill., was the president of Anna II Inc., and Can Do It Inc., staffing companies located at 801 Golf Lane in Bensenville, Ill. Anna II/Can Do It provided both skilled and unskilled labor to clients operating warehouses in various suburbs. The workers performed janitorial services, loaded and unloaded freight packages and merchandise, and installed and removed structures inside warehouses.
In his plea agreement, Perkins admitted to knowingly hiring more than 10 illegal aliens from Mexico as temporary workers between October 2006 and October 2007. The illegal workers hired by Perkins were not required to provide documents establishing their immigration status or lawful right to work in the United States.

Perkins and his son-in-law, Chrispher Reindl, paid the illegal workers’ wages in cash and failed to deduct payroll taxes or other withholdings. Perkins and Reindl directed low-level supervisory employees to transport illegal workers back and forth between locations near the aliens’ residences in Chicago and work sites in the suburbs. Both also provided bogus six-digit numbers – purporting to be the last six digits of the aliens’ Social Security numbers – to a company, knowing that their workers were in the country illegally and did not possess valid Social Security numbers.

Reindl pleaded guilty in November to hiring illegal workers and is scheduled for sentencing in March.
“We will hold employers accountable for their actions,” said Gary Hartwig, special agent in charge of ICE HSI in Chicago. “Mr. Perkins knowingly hired an illegal workforce and circumvented our nation’s immigration laws for financial gain. The goal of our enforcement efforts is two-fold – reduce the demand for illegal employment and protect job opportunities for the nation’s lawful workforce.”
ICE was assisted in the investigation by the U.S. Department of Labor’s Office of Inspector General in Chicago. Assistant U.S. Attorneys Christopher R. McFadden and Daniel May, Northern District of Illinois, prosecuted the case.

You may also visit us on Facebook (http://www.ice.gov/exec/leaving.asp?url=http://www.facebook.com/wwwicegov) , Twitter (http://www.ice.gov/exec/leaving.asp?url=http://twitter.com/wwwicegov) and YouTube (http://www.ice.gov/exec/leaving.asp? url=http://www.youtube.com/wwwicegov) .

Statement by Deputy Press Secretary Matt Chandler

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.

Americans across the country are familiar with Wal-Mart for their “roll-back” prices and friendly service. What most people don’t know is that, after their immigration scandals in 2001 and 2003, Wal-Mart has lead the country in enforcing employer compliance with requirements of the Immigration Reform and Control Act of 1986 (“IRCA”). Since paying a record-setting $11 million to the United States Department of Homeland Security, Immigration and Customs Enforcement Division (“ICE”), Wal-Mart has become the reluctant leader in employer compliance programs. As anyone trying to sign a contract with Wal-Mart will tell you, it’s no walk in the park to meet their strict demands, but it is the way of the future for employment verification procedures.

By way of history, in 2001, 100 illegal immigrant janitors were arrested at Wal-Mart stores in Pennsylvania, Ohio, Missouri and New York, and an additional 245 were arrested in October 2003 at 60 stores across 21 states. The allegation that Wal-Mart knew the janitors were illegal was denied by Wal-Mart’s top executives; nevertheless they admitted that they should have been keeping a more watchful eye over what their sub-contractors were doing. In a statement from Washington, federal officials announced that 12 janitorial contractors that worked for Wal-Mart had agreed to forfeit $4 million to the government and to plead guilty to criminal charges of employing illegal immigrants. The workers came from nearly 20 countries, including Mexico, Brazil, the Czech Republic, China, Poland and Russia.

As part of the $11 million settlement, Wal-Mart was permanently barred from hiring illegal immigrants and was ordered to establish a mechanism to make sure that its contractors “are taking reasonable steps to comply with immigration laws” within 18 months from the settlement date. Wal-Mart has since pledged to train all of its store managers to avoid “knowingly hiring” or “continuing to employ” illegal immigrant workers. Wal-Mart also agreed to continue cooperating with federal officials investigating its contractors. It’s no surprise that the regulations Wal-Mart has since built into their sub-contractor agreements are very rigid.

If you’re unfortunate enough to have seen the addendums to the Wal-Mart contracts, you are aware that there are stipulations which require all sub-contractors and sub-sub-contractors to follow the ICE “10 Best Practices for Employers”, which is a component of ICE’s IMAGE (“Ice Mutual Agreement between Government and Employers”) Program. Such practices include registering with the E-Verify Program, conducting training programs for all staff related to I-9 compliance, annual internal and third party I-9 audits, implementing an internal tip line, and full cooperation with government officials from the Department of Homeland Security. Not only are these required for the general contractor, but also for all sub-contractors and sub-sub-contractors. Needless to say, it has become burdensome for many small employers who wish to partner with a company such as Wal-Mart.

Nachman & Associates, P.C. is a Global Immigration Law Firm that has successfully helped companies become compliant with the regulations pushed down by Wal-Mart. In fact, other large employers such as Verizon have also been adopting the Wal-Mart compliance plan and requiring it for their own contractors, sub-contractors and sub-sub-contractors. In this era of compliance, it is important that employers can not only be in compliance with the law (as it will most likely only get tougher on violators), but also be able to handle the demands of both the government and large corporations who are pushing down these mandates. As Managing Attorney David H. Nachman says, “when we look into the crystal ball, we can see what’s coming down the pike and it means that employers need to be more vigilant.”

Mr. Nachman and his staff have been training employers about proper employment verification procedures for over a decade and most recently, pursuant to a federal training grant from the US Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”), the Nachman & Associates team has been traveling across the tri-state area, and across the country via webinar, to help employers overcome the confusion in this “age of enforcement.” To contact Nachman & Associates for more information on compliance programs or to attend or schedule free training on employment verification procedures, anti-discrimination, E-Verify and IMAGE, please feel free to visit the website at www.visaserve.com. You can also feel free to call us at 201-670-0006 (x107).