Each month, USCIS publishes a report on traffic to our website, which includes statistics on popular search terms people use to find our site.

And every month, tens of thousands of visitors search “INS” to find the USCIS.

In January 2011, the report registered nearly 30,000 searches for the term “INS.”

This leaves us wondering.

After all, the Immigration and Naturalization Service (INS) has not existed since March 1, 2003.

PTI, March 12, 2011, 06.24pm IST

HOUSTON: The US is at a risk of falling behind in the global race for talent due to Washington’s immigration policies that have caused slowdown in the entry of highly-skilled foreign workers, a study here said.

The Federal Reserve Bank of Dallas which released its 2010 yearly report said the US needs highly-skilled foreign-born workers, who actually contribute more to the American economy than take away, but strict numerical caps on employment-based visas have caused the slowdown in the entry of highly-skilled migrants.

According to the latest statistics, immigrants with more than a high school education contributed USD 105,000 more in taxes than they used in public services, while lower-skilled migrants actually cost USD 89,000 more than they contributed in taxes during their lifetime.

As adapted from the Economic Times Article.

Last week a massive 8.9/9.0 magnitude earthquake hit the Pacific Ocean nearby Northeastern Japan at around 2:46pm on March 11 (JST) causing damage with blackouts, fire and tsunami. There have been and continue to be aftershocks and unanticipated infrastructure issues resulting from the devastation.

In the past, Nachman & Associates, P.C. (The VISASERVE TEAM) has partnered with not-for-profit organizations working on the frontline of disaster relief and recovery to assist with the coordination of disaster relief funding to aid victims of earthquakes in Turkey, Thailand, Haiti, and other countries throughout the world.

Our heartfelt concern and heartfelt sorrow goes out to any of our clients, friends and/or their families directly impacted by these recent events. More generally, the members of our Firm send out wishes to the Japanese Nation for a very rapid recovery.

Our Law Offices continue our relief efforts with regard to the recent incident in Japan. We invite you to visit the website for the Japan Society to provide your assistance directly. You can do so by visiting the web page at:

https://www.japansociety.org//content.cfm?page=japan_earthquake_relief_fund

Alternatively, you can contribute by sending your check to:

Japan Society
333 East 47th Street
New York, New York 10017
Attn: Japan Earthquake Relief Fund

or to

Nachman & Associates, P.C.
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Attn: Japan Division – Japan Earthquake Relief Fund

Please make your checks payable to Japan Society and indicate “Japan Earthquake Relief Fund” on the check. For additional information, please e-mail us at info@visaserve.com or at japanrelief@japansociety.org

Any tax-deductible contributions provided will go to organizations that directly help victims recover from the devastating effects of the earthquake and tsunamis that struck Japan on March 11, 2011.

For information about U.S. and Japanese immigration impacted by the recent events, please visit the “Special Situations” Web page on the USCIS website:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

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.

USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses.

March 2, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is publishing tomorrow a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

USCIS Director Alejandro Mayorkas today announced the opening of a 60-day comment period that will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations.

“The proposed rule would create a more efficient and cost-effective process for businesses interested in bringing workers in specialty occupations to the United States,” he said. “Improving the H-1B petition process is part of USCIS’s ongoing efforts to leverage new ideas and innovation to streamline our operations and enhance customer service.”

Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS—a process that would take an estimated 30 minutes to complete. Before the petition filing period begins, USCIS would select the number of registrations predicted to exhaust all available visas. Employers would then file petitions only for the selected registrations. The registration system would save employers the effort and expense of filing H-1B petitions, as well as Labor Condition Applications, for workers who would be unable to obtain visas under the statutory cap.

The proposed rule, which posted to the Federal Register today for public viewing, contains complete details about the registration system and estimated cost savings. USCIS encourages formal comments on the proposed rule through www.regulations.gov. The comment period runs for 60 days, beginning March 3, 2011, and ending on May 2, 2011.

For more information on the proposed H-1B rule, please see the accompanying Fact Sheet. For more information on USCIS and its programs, visit www.uscis.gov.

U.S. Department of State To Host Ribbon- Cutting Ceremony for Vermont Passport Agency.

Media Note
Office of the Spokesman
Washington, DC

March 1, 2011

Under Secretary of State for Management Patrick F. Kennedy will host a ribbon-cutting ceremony on Friday, March 4, at 2:00 p.m. to mark the official opening of the Vermont Passport Agency in St. Albans. Invited guests include the Deputy Assistant Secretary for Passport Services Brenda S. Sprague, members of Congress, state and local officials, community leaders, and members of the media.

Americans with urgent travel plans will be able to apply in-person at the Vermont Passport Agency, where passport books and passport cards will be issued onsite, alleviating the need for applicants to travel to Boston for emergency services. The new agency will occupy the first floor of the historic St. Albans Federal Building, which formerly served as the city’s post office and customs house. Original brass postal boxes and two large murals painted by artist Philip von Saltza in 1939 remain on display for passport customers to enjoy.

Funded by the American Recovery and Reinvestment Act of 2009, the Vermont Passport Agency is located at 50 South Main Street. Nearly 20 employees will staff the agency, which is projected to issue 15,000 passports during its first year of operation, serving more than 2,500 customers onsite.

The Western Hemisphere Travel Initiative introduced new travel document requirements that increased passport demand and demonstrated the need to expand the passport network into previously underserved areas. Over the next few months, the Department of State will open passport agencies in San Diego, California; El Paso, Texas; and Atlanta, Georgia. In 2010, a new agency was opened in Buffalo, New York, and public counters were added at existing passport centers in Portsmouth, New Hampshire and Hot Springs, Arkansas.

Travelers with urgent travel requirements may schedule an appointment at the Vermont Passport Agency or other regional passport agencies by calling 1-877-487-2778 or visiting www.travel.state.gov.

For press inquiries, or to attend the ribbon-cutting ceremony, call (202) 647-1488 or email CAPRESSREQUESTS@state.gov. Journalists attending the event will be able to tour the agency and interview the officials in attendance.

FOR IMMEDIATE RELEASE:

Tuesday, March 1, 2011

CONTACT:

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

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) urges Congress not to fall prey to the politics of division in today’s House Judiciary Committee on Immigration Policy and Enforcement’s Subcommittee Hearing on “Making Immigration Work for American Minorities.”

“We must be careful to not allow politicians to create a wedge between immigrants and minorities,” said David Leopold, President of AILA. “Historically, immigrants are blamed for problems for which they are not responsible. Sowing divisions between immigrants and minorities is only a distraction from doing that hard work of getting immigration policy right. Our leaders must be held accountable to provide the answers for a flagging economy and the broken immigration system that are holding America back.”

AILA urges that we pursue policies that serve the interests of all workers, and that Congress roll up its sleeves and find a solution. Tougher enforcement can be done to ensure proper workplace standards, including fair wage and overtime requirements, safety and health and other labor laws, but within a smart and workable immigration reform policy.

Leopold added, “Studies show that immigrants have a positive impact on the economy and job growth. It is well documented that immigrants raise the overall standard of living of American workers by increasing wages and lowering prices. In fact, a recent economic study shows that immigration produces an increase in wages for most native-born workers, including African Americans and that immigrants complement the work of U.S. employees and increase their productivity.”

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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) .

Validation Instrument for Business Enterprises (VIBE) Program

Introduction

The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data to validate basic information about companies or organizations petitioning to employ alien workers. USCIS is beta-testing VIBE, and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs).
Background

Currently, when adjudicating employment-based petitions, USCIS primarily relies on paper documentation supplied by the petitioning company or organization to establish the petitioner’s eligibility for the requested classification. Petitioners often submit large amounts of paperwork as evidence of their current level of business operations. When petitioners’ paperwork does not sufficiently document the evidence required under the law, USCIS issues a Request for Evidence (RFE) for additional documentation, delaying final adjudication of the petition.

VIBE Program

VIBE allows USCIS to electronically receive commercially available information from an independent information provider (IIP) about a petitioning company or organization, including:

* Business activities, such as type of business (North American Industry Classification System code), trade payment information and status (active or inactive)
* Financial standing, including sales volume and credit standing
* Number of employees, including onsite and globally
* Relationships with other entities, including foreign affiliates
* Status, for example whether it is a single entity, branch, subsidiary or headquarters
* Ownership and legal status, such as LLC, partnership or corporation
* Company executives
* Date of establishment as a business entity
* Current physical address

A USCIS officer will review all information received through VIBE along with the evidence submitted by the petitioner. Adjudicators will use the information provided from VIBE to verify the petitioner’s qualifications. For example, if a petitioner is seeking L-1 status for a beneficiary, VIBE will help adjudicators confirm that the petitioner has a foreign affiliate, which is a requirement for granting L-1 status. In cases where petitioners must establish ability to pay, information from VIBE will assist in confirming the petitioners’ financial viability. USCIS will not deny a petition based upon information from VIBE without first giving a petitioner the opportunity to respond to USCIS’s concerns. USCIS will issue an RFE or a Notice of Intent to Deny (NOID) if it is necessary to resolve relevant inconsistencies or other issues that emerge upon review of information supplied by VIBE that are material to the benefit requested. The Immigration Services Officer (ISO) will make a final decision based on the totality of the circumstances.

Immigrant Classifications Included in VIBE

The following I-140 employment-based immigrant classifications will be included in VIBE:

* E12 Outstanding professor or researcher
* E13 Multinational executive or manager
* E21 Member of professions holding an advanced degree or an alien of exceptional ability (with the exception of National Interest Waiver petitions)
* E31 Skilled Worker
* E32 Professional
* EW3 Unskilled/Other Worker

Additionally, the following I-360 employment-based immigrant classifications will be included in VIBE:

* SD1 Minister of Religion
* SR1 Non-minister in a religious occupation or vocation

The following I-129 employment-based nonimmigrant classifications will also be included in VIBE:

* E-1 Treaty Trader
* E-2 Treaty Investor
* E-3 Member of specialty occupation who is a national of the Commonwealth of Australia
* H-1B Specialty occupation worker
* H-1B1 Specialty occupation worker from Chile or Singapore
* H-1B2 Worker performing services related to a Department of Defense (DOD) cooperative
research and development project or co-production project
* H-1B3 Fashion model of distinguished merit and ability
* H-2A Temporary or seasonal agricultural worker
* H-2B Temporary non-agricultural worker
* H-3 Trainee or special education exchange visitor
* L-1A Intra-company transferee in a managerial or executive position
* L-1B Intra-company transferee in a position utilizing specialized knowledge
* LZ Blanket L petition
* Q-1 International cultural exchange visitor
* R-1 Religious worker
* TN NAFTA professional from Canada or Mexico

At this time, the following classifications will not be included in VIBE due to the very unique eligibility requirements for these classifications:

* E11 Individuals of extraordinary ability
* E21 National interest waiver
* EB-5 Immigrant investor
* O Individuals with extraordinary ability or achievement (including essential support personnel)
* P Internationally recognized athletes and entertainment groups, performers under a reciprocal exchange program, and artists or entertainers under a culturally unique program (including essential support personnel)

Goals of VIBE

By enhancing USCIS’s ability to distinguish eligible petitioners more easily from those who may be ineligible, VIBE is expected to increase the efficiency of reviews by USCIS ISOs. In the future, VIBE should reduce the need for petitioners to submit identical paper documentation with each petition to establish their current level of business operations. VIBE should also assist USCIS to reduce the number of RFEs issued to otherwise eligible petitioners.

By providing the same petitioner information to all four USCIS Service Centers, VIBE promotes the consistent review of employment-based immigrant and nonimmigrant petitions. Overall, the information provided by VIBE improves the integrity of employment-based immigrant and nonimmigrant programs and the process for petitioners seeking foreign workers to employ.
Feedback about VIBE

Some petitioners may receive an RFE or NOID referencing information received from the IIP through VIBE. Petitioners are required to respond to these RFEs or NOIDs; failure to respond may result in a denial of the petition. However, USCIS encourages petitioners to bring to our attention any questions related to RFEs or NOIDs involving IIP information USCIS received through VIBE, as well as suggestions for improving the program by contacting us at VIBE-Feedback@dhs.gov.

This page can be found at http://www.uscis.gov/vibe

The U.S. Citizenship and Immigration Services (USCIS) has announced that as of December 31, 2010, it has received 57,300 H-1B petitions out of the available 65,000 petitions for fiscal year 2011. In addition, USCIS announced that it has received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the H-1B master’s-degree exemption. It is anticipated that the USCIS will reach the limit for cap-subject petitions soon, and all employers who wish to file new H-1B petitions should act promptly to do so.

H-1B petition extensions or petitions filed for a change of employer are not subject to the cap, unless the current H-1B employer was cap-exempt. H-1B petitions filed on behalf of individuals who have held H-1B status at any time during the last six years are also not subject to the cap, unless the H-1B employer was cap-exempt. Petitions filed by an institution of higher education or a related or affiliated nonprofit entity, or by a nonprofit research organization or governmental research organization, are also exempt from the annual cap.