Immigration Law – NPZ Law Group, P.C. (f/k/a Nachman & Associates, P.C.) – U.S. Immigration and Nationality and Global Mobility Lawyers.

U.S. Immigration, Visas, Green Cards, H-1B, L-1A, Investor Visas, Artists Visas, U.S. Immigration, Canadian Immigration and Visas, U.S. Employer Compliance.

Update: Foreign Worker Slots Remaining for FY 2012

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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.

ICE announces employment authorization eligibility for certain Libyan students

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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.

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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.

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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.

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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).

President Obama’s immigration and border security speech in El Paso.

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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.

Justice Department Settles Allegations of Immigration-Related Employment Discrimination Against Wendy’s Franchise Owners in Maine

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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.

Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations Questions and Answers

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Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations Questions and Answers

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.
Questions & Answers

Q1. What is “Cap-Gap”?

A1. Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.

Q2. How does “Cap-Gap” Occur?

A2. An employer may not file, and USCIS may not accept, an H-1B petition submitted more than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is October 1. Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.

Q3. Which petitions and beneficiaries qualify for a cap-gap extension?

A3. H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension.

Note: Although the first business day of October 2011 is Monday, October 3, eligible F-1 students must make sure to request Saturday, October 1, as their start date in order to qualify for cap-gap extension.
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Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period which begins April 1, while the student’s authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”).

Once a timely filing has been made, requesting a change of status to H-1B on October 1, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30 unless the petition is denied, withdrawn, or revoked. If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States.

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing.

Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?

A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.

If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.

Q5. Is a student who becomes eligible for an automatic cap-gap extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period?

A5. If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States.

For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to the discovery of a status violation. The student in this situation is not eligible for the automatic cap-gap extension of status or the 60-day grace period. Similarly, the 60-day grace period and automatic cap-gap extension of status would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately.

Q6. May students travel outside the United States during a cap-gap extension period and return in F-1 status?

A6. No. A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period, will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is for an October 1 start date, the student should be prepared to adjust his or her travel plans, accordingly.

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf? It appears that F-1 status would be extended, but would OPT also be extended?

A7. That is correct. F-1 students who have entered the 60-day grace period are not employment-authorized. Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended).

Q8. Do the limits on unemployment time apply to students with a cap-gap extension?

A8: Yes. The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap-gap extension.

Q9. What is a STEM OPT extension?

A9. F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of such authorization. F-1 students may obtain additional information about STEM OPT extensions on the Student and Exchange Visitor Program website at www.ice.gov/sevis.

Q10. May a student eligible for a cap-gap extension of post-completion OPT employment authorization and F-1 status apply for a STEM OPT extension while he or she is in the cap-gap extension period?

A10. Yes. However, such application may not be made once the cap-gap extension period is terminated (e.g., if the H-1 petition is rejected, denied, or revoked), and the student has entered the 60-day departure preparation period.

Q11. In recent years, employers have been able to file H-1B cap-subject petitions after April 1, and have not always requested an October 1 start date. However, some students’ OPT end dates were nevertheless shortened to September 30, even though their H-1B employment would not begin until a later date. What should the student do to correct this?

A11. The student should contact their DSO. The DSO may request a data fix in SEVIS by contacting the SEVIS helpdesk.

Q12. If the student finds a new H-1B job, can he or she continue working with his/her approved EAD while the data fix in SEVIS is pending?

A12. Yes, if the (former) H-1B employer timely withdrew the H-1B petition and the following conditions are true:

* The student finds employment appropriate to his or her OPT
* The period of OPT is unexpired; and
* The DSO has requested a data fix in SEVIS

Note: If the student had to file Form I-539 to request reinstatement to F-1 student status, the student may not work or attend classes until the reinstatement is approved.

Q13. If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer before the effective date, and the student has an unexpired EAD issued for post-completion OPT, can the student retrieve any unused OPT?
A13. Yes, but only if USCIS receives the withdrawal request from the petitioner before the H-1B change of status effective date. Once the petition has been revoked, the student must provide their DSO with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of revocation). The DSO may then request a data fix in SEVIS by contacting the SEVIS helpdesk.

If USCIS does not receive the withdrawal request prior to the H-1B petition change of status effective date, then the student will need to file a Form I-539 to request reinstatement and wait until the reinstatement request is approved, before resuming employment.

Q14. Can the student work past October 1 on their OPT (their EAD card will still show the original end date) if the request to change the end date back is pending?

A14. If the H-1B revocation occurs before October 1, the student may continue working while the data fix remains pending, because the student will still be in valid F-1 status.

If the H-1B revocation occurs on or after October 1, the student will need to apply for reinstatement and wait until the reinstatement request is approved before resuming employment.

Q15. Are students in valid F-1 status while the request to change the OPT end date is pending?

A15. If the H-1B revocation occurs before the H-1B change of status effective date, the student is still deemed to be in F-1 status while the data fix is pending.

If the H-1B revocation occurs after the H-1B change of status effective date, the student will not be in valid F-1 status and will therefore either need to apply for reinstatement or depart the United States.

FROM THE USCIS WEBSITE – Last updated:04/01/2011

Government Attorney Sentenced for Taking Bribes.

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United States Attorney’s Office
Central District of California

Thom Mrozek – Public Affairs Officer

(213) 894-6947

thom.mrozek@usdoj.gov

Return to the 2011 Press Release Index
Release No. 11-039

March 21, 2011

GOVERNMENT ATTORNEY SENTENCED TO NEARLY 18 YEARS IN PRISON FOR TAKING HUNDREDS OF THOUSANDS OF DOLLARS IN BRIBES FROM IMMIGRANTS SEEKING STATUS IN U.S.

LOS ANGELES – A senior attorney with U.S. Immigration and Customs Enforcement (ICE) was sentenced this morning to 212 months in federal prison for taking nearly one-half million dollars in bribes from immigrants who were promised immigration benefits that would allow them to remain in the United States.

ICE Assistant Chief Counsel Constantine Peter Kallas, 40, of Alta Loma, received the 17⅔-year sentence from United States District Judge Terry J. Hatter Jr.

In addition to the prison term, Judge Hatter ordered Kallas to pay $296,865 in restitution after fraudulently receiving worker’s compensation benefits.

“Mr. Kallas has received one of the longest sentences ever seen in a public corruption case,” said United States Attorney André Birotte Jr. “Mr. Kallas took in hundreds of thousands of dollars in bribes – money he obtained by exploiting his knowledge of the immigration system. The lengthy sentence reflects the seriousness of the crimes, which were a wholesale violation of the public trust.”

Following a three-week trial, a federal jury in April 2010 convicted Kallas of three dozen felony counts – conspiracy, six counts of bribery, two counts of obstruction of justice, seven counts of fraud and misuse of entry documents, three counts of aggravated identity theft, nine counts of making false statements to the Department of Labor, four counts of making false statements to obtain federal employee compensation, and four counts of tax evasion.

“This case presents an epic display of a public official’s greed,” prosecutors wrote in a sentencing memorandum filed with the court.

“As a corrupt prosecutor, [Kallas] calculatingly terrorized the idea of justice and the concept of public service,” the memorandum continued. “[Kallas] carried out his crime scheme through elaborate forms of manipulation, lies, and obstructive conduct.”

Kallas has been in a federal jail since August 2008, about two months after he was arrested by special agents with the Federal Bureau of Investigation at the San Manuel Indian Bingo and Casino in Highland, California. Kallas was arrested after he took a $20,000 bribe from an immigrant during an incident that was captured on casino surveillance cameras and shown to the jury.

The June 2008 bribe was the last in a series of incidents in which Kallas and his wife, Maria, told illegal aliens that Kallas was an immigration official – either an immigration judge or some other type of high-level immigration official – and that Kallas could obtain immigration benefits for the aliens in exchange for bribes.

Steven Martinez, Assistant Director in Charge of the FBI in Los Angeles, stated: “Today’s lengthy sentence fits the significant crimes committed by Mr. Kallas and will undoubtedly deter others planning to abuse government power. Mr. Kallas was entrusted to help immigrants abide by the law, but instead he enabled them in breaking the law, by greedily taking advantage of their desperation.”

During a five-year period that ended with his arrest, the Kallases accepted payments from aliens that totaled at least $425,854.

Kallas took bribes from some illegal aliens who were offered “jobs” at companies Kallas and his wife had set up. As part of the scheme, Kallas filed fraudulent labor condition applications with the Department of Labor that falsely claimed the companies had offered employment to the aliens.

On December 16, 2006, Kallas appeared in Immigration Court and, without any authorization, used his position as an immigration prosecutor to ask a judge to dismiss removal proceedings against an immigrant.

Kallas misused the identities of several real persons by, among things, putting their names on fraudulent documents or on nominee bank accounts used to hide money from the Internal Revenue Service.

In some cases, Kallas attempted to solve immigrants’ problems by simply making their files disappear. When investigators searched the Kallas residence in June 2008, they discovered a hidden floor safe that contained more than $177,000 in cash and two dozen official immigration files.

Kallas also illegally obtained more money through workers compensation fraud and tax evasion, claiming total disability and zero income, even as he was conducting the elaborate bribery and fraud scheme.

Daniel R. Petrole, Acting Inspector General, United States Department of Labor, said: “Today’s sentencing highlights our efforts to investigate fraud against the Department of Labor. The defendant, who is a former Immigration and Customs Enforcement attorney, used shell companies to falsely petition aliens for employment visas. Moreover, he filed for full federal disability benefits for work-related injuries, yet was receiving thousands of dollars in income from his employment scheme. My office and our law enforcement partners remain committed toward combating these types of crimes.”

According to court documents, the bank records for the Kallases showed that, beyond his salary, approximately $950,000 had been deposited into the couple’s bank accounts since 2000.

“Corrupt public officials are disgraceful and reprehensible,” noted Leslie P. DeMarco, Special Agent in Charge of IRS – Criminal Investigation’s Los Angeles Field Office. “The crimes committed by Constantine Kallas – including bribery, tax evasion, obstruction of justice, false statements to government agencies, identity theft and workers compensation fraud – violated the trust placed in him as a public official. Today’s sentencing of Mr. Kallas to 212 months in federal prison, a significant sentence by any measure, demonstrates IRS – Criminal Investigation’s resolve to bring our financial expertise to bear and vigorously investigate public officials who set aside their duty for their own personal financial gain.”

Terri Tollefson, Special Agent in Charge for the ICE Office of Professional Responsibility, West, stated: “This sentence serves as a sobering warning about the consequences of violating the public’s trust. ICE played a pivotal role in the investigation that led to these criminal charges, and we will continue to hold our employees to the highest standards of professional conduct. Guarding against illegal or unethical behavior is not an option; it is an obligation we have to the people we serve.”

Maria Kallas, 41, also of Alta Loma, pleaded guilty to conspiracy, bribery and conspiracy to commit money laundering in November 2009. United States District Judge Robert J. Timlin is scheduled to sentence her on May 2.

Kallas joined ICE’s predecessor agency in June 1998, and he has been on unpaid leave since January 2007.

The case against the Kallases was investigated by ICE’s Office of Professional Responsibility, the Federal Bureau of Investigation, IRS – Criminal Investigation, and the United States Department of Labor’s Office of Inspector General.

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Release No. 11-039- Return to the 2011 Press Release Index

USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011

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March 18, 2011

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.

The cap (the numerical limit on H-1B petitions) for FY 2012 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt.

USCIS will monitor the number of H-1B petitions received and will notify the public of the date when the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.

In addition to petitions filed on behalf of people with U.S. master’s degrees or higher, certain other petitions are exempt from the congressionally mandated cap.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at:

*Institutions of higher education or related or affiliated nonprofit entities;

*Nonprofit research organizations; or

*Governmental research organizations.

Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories for beneficiaries who will start work during FY 2011 or 2012.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap do not count towards the H-1B cap. USCIS will continue to process petitions filed to:

*Extend the amount of time a current H-1B worker may remain in the United States;

*Change the terms of employment for current H-1B workers;

*Allow current H-1B workers to change employers; and

*Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions, to avoid delays in processing and possible requests for evidence. USCIS has posted on its website detailed information, including a processing worksheet, to assist in the completion and submission of a FY2012 H-1B petition.

For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Last updated:03/18/2011

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