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.

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).

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

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

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

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

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

Click below to learn more about it.

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

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

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

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

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.

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

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

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

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

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

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

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.

DOL announces protocols for certifying U visa applications.

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DOL announces protocols for certifying U visa applications.

“I am pleased that the department’s Wage and Hour Division has developed protocols and can begin completing U visa certifications for immigrants who are victims of crimes and willing to cooperate with law enforcement,” said Secretary of Labor Hilda L. Solis.

“Because many wage and hour investigations take place in industries using vulnerable workers in abusive situations, the Wage and Hour Division is often the first federal agency to make contact with these workers and detect criminal activity in the workplace, which it may then refer to the appropriate authorities.”

April 28th, 2011.

Lori Scialabba as the Deputy Director of U.S. Citizenship and Immigration Services and Steve Bucher as the Associate Director of our Refugee, Asylum, and International Operations (RAIO) Directorate.

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Dear USCIS Stakeholders:

I am excited to inform you today that I have selected Lori Scialabba as the Deputy Director of U.S. Citizenship and Immigration Services and Steve Bucher as the Associate Director of our Refugee, Asylum, and International Operations (RAIO) Directorate.

Ms. Scialabba will be the career Deputy Director effective May 8, 2011. Since 2006, Ms. Scialabba has served as RAIO’s Associate Director. From September 2008 through January 2009, she also served as the Senior Advisor on Iraqi Refugees to the Secretary of Homeland Security. Before joining DHS, Ms. Scialabba served as Chairman of the Board of Immigration Appeals at the U.S. Department of Justice (DOJ). She was appointed to the Board in March 1998 and became Vice Chairman in June 1999.

Ms. Scialabba began her career with DOJ in October 1985 through the Attorney General’s Honors Program. She served as a trial attorney for the former Immigration and Naturalization Service (INS) in Chicago and, from 1986 to 1989, she served as Assistant General Counsel for INS headquarters. In 1989, she joined the Office of Immigration Litigation in DOJ’s Civil Division. In 1994 Ms. Scialabba was appointed Deputy General Counsel for the INS, a position she held until her appointment to the Board of Immigration Appeals in 1998.

Steve Bucher will become the new Associate Director of RIAO effective May 8, 2011. Since 2007, Mr. Bucher has served as RAIO’s Deputy Associate Director. From 2006 to 2007, he served as Deputy Associate Director for National Security and Records Verification, and from 2000 to 2006 he served as the Deputy Director and Acting Director of Service Center Operations. During his 19 years with USCIS and previously INS, Mr. Bucher also worked with the Office of Naturalization Operations and the Office of Records in Washington, D.C., and in the Western Regional Office in Laguna Niguel, California. Before joining the INS, Mr. Bucher worked for ten years with the Social Security Administration as an adjudicator, first-line supervisor, and office director.

Lori Scialabba and Steve Bucher are outstanding leaders who have dedicated their careers to public service. In their new positions, they will be poised to help lead this agency as we endeavor to accomplish great things in the months ahead.

Thank you.

Alejandro N. Mayorkas, Director
U.S. Citizenship and Immigration Services – Department of Homeland Security

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

CANADIAN IMMIGRATION UPDATE: New LMO Forms Coming!!!

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CANADIAN IMMIGRATION UPDATE: New LMO Forms Coming!!!

As though the LMO application system was not already onerous enough, Human Resources and Social Development Canada (“HRSDC”) and Citizenship and Immigration Canada (“CIC”) have announced that effective March 25, 2011, the online Labour Market Opinion (“LMO”) application system will be unavailable until a new secure online Web system is installed in June 2011. During this period, all employers can still submit LMO paper application forms by mail or fax to the appropriate Service Canada Centre. The Live-in Caregiver Program online application process will continue to be available without interruption.

In addition, new LMO application forms will be available as of March 25, 2011. These new forms will be specific to each stream under the Temporary Foreign Worker Program such as the Live-in Caregiver Program, the Seasonal Agricultural Worker Program, etc. My staff and I can’t wait to see the impact of the new forms on an already arduous system.

Completed LMO applications received by Service Canada by March 31, 2011, will be processed in accordance with the standard Program requirements. As of April 1, 2011, any LMO request received must be made using the new LMO application forms and will be processed in accordance with the new amendments to the Immigration and Refugee Protection Regulations.

For more information about the LMO and Work Permit process in Canada, please contact our office: veronique_malka@visaserve.com

E-Verify Self Check: New DHS Program to Increase Data Reliability.

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USCIS’ Online Tool Allows Workers to Check their Own Employment Authorization Status.

On March 21, 2011, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced the launch of E-Verify Self Check—an innovative service that allows individuals in the United States to check their employment eligibility status before formally seeking employment.

E-Verify Self Check is the first online E-Verify program offered directly to workers and job seekers. This voluntary, free, fast and secure service was developed through a partnership between DHS and the Social Security Administration (SSA).

As of March 21, 2011, E-Verify Self Check is available to users who maintain an address in Arizona, Idaho, Colorado, Mississippi, Virginia or the District of Columbia.

E-Verify Self Check and Workers.
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E-Verify Self Check gives individuals in the United States access to their employment eligibility status and gives them an opportunity to submit corrections to their DHS and SSA records, if necessary, before applying for jobs.

The E-Verify Self Check process consists of four steps:

1. Users enter identifying information online (such as name, date of birth and address).

2. Users confirm their identity by answering demographic and/or financial questions generated by a third-party identity assurance service.

3. Users enter work eligibility information such as a Social Security number and, depending on citizenship status, an Alien Registration number.

4. E-Verify Self Check checks users’ information against relevant SSA and DHS databases and returns information on users’ employment eligibility status.

The information that users provide to E-Verify Self Check and the results of an E-Verify Self Check query are never shared with users’ employers or prospective employers.

The results of a Self Check query do not replace the results of an employer E-Verify query. An individual’s status or information may change between the time they use Self Check and when an employer uses E-Verify. Accordingly, if E-Verify Self Check confirms that an individual is authorized to work in the United States, it does not necessarily mean that a future E-Verify query will find the same individual to be employment authorized.

If Self Check it is unable to confirm employment authorization, individuals are provided with instructions on how to resolve a potential data mismatch in their SSA or DHS records. These instructions are available in English and Spanish.

In addition to E-Verify Self Check, individuals have several ways to confirm their employment eligibility and correct their government records if necessary.

They may:

1. Wait until an employer checks their employment eligibility through E-Verify. If issues arise, employers will inform individuals of the next steps.

2. Request a Social Security Statement from SSA. This statement includes the individual’s full name, date of birth and the last four digits of his or her Social Security number as they appear in SSA records.

Verifying the statement’s accuracy may prevent mismatches during an E-Verify query. To learn more about Social Security Statements and to request a statement, visit www.ssa.gov/mystatement or
contact the USCIS National Customer Service Center (NCSC) at 800-375-5283, TTY 800-767-1833.

Self Check will not affect a user’s credit score. Users viewing their credit reports after using Self Check will see a record of a “soft hit” or “soft inquiry” in the report. Soft hits are not shown to businesses and are not used to calculate credit scores.

Individuals cannot be required to use E-Verify Self Check to prove work authorization. Individuals who are asked by employers or anyone else to run a Self Check query to prove that they are authorized to work in the United States, or who believe they are victims of any other type of discrimination or unfair labor practice related to Self Check, should notify the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices at 800-255-7688.

For general inquiries about Self Check, contact the E-Verify Employee Hotline at (888) 897-7781.

E-Verify Self Check and Employers.

E-Verify Self Check is expected to reduce the number of data mismatches employers experience when using E-Verify and, as a result, will decrease the amount of time and resources they spend resolving those mismatches.

E-Verify Self Check is not for employer use. Employers may not require workers to use Self Check or show Self Check results.

E-Verify employers must continue to run an E-Verify query on each new hire (or existing employee, if applicable), even if the new hires have previously verified their employment status through Self Check. The results of a Self Check query do not replace the results of an E-Verify query.

Employers may not accept the results of a Self Check query as a document to fulfill the requirements of Form I-9, Employment Eligibility Verification. Only documents on the Form I-9 List of Acceptable Documents may be used to complete Form I-9.

Privacy and Security.

E-Verify Self Check uses an identity assurance process to ensure that an individual can perform an employment eligibility check only on him- or herself. Before allowing anyone to check his or her employment eligibility status, E-Verify Self Check confirms that the person attempting to run a check is who he or she claims to be with an independent, secure identity assurance service that generates an identity assurance quiz based on key information provided by the user.

The questions and answers included in the identity assurance quiz are not shared beyond the user and the independent identity assurance service; DHS is only notified that a user’s identity is verified.

Self Check purges all personal information used in the identity assurance process at the end of the user session and maintains a record of personal information only as long as necessary. For example, users’ addresses are only stored by Self Check until users complete the identity assurance process, as they are not needed later in the process.

The independent identity assurance service stores users’ personal information for one year as required by the Fair Credit Reporting Act (FCRA). That information is never shared, except where required by law.

Self Check will be unable to generate an identity assurance quiz if:

1. A user enters information incorrectly, preventing the independent service from locating any records on the individual;

2. A user has recently attempted to take the identity assurance quiz too many times;

3. A user lacks a sufficient financial record because he or she recently entered the country or the U.S. workforce;

4. A user, typically a victim of identity theft, has reported certain fraud alerts to the state or a credit bureau; or

5. A user has placed a security freeze on his or her credit report.

Individuals may still be authorized to work in the United States even if Self Check is unable to generate an identity assurance quiz or if an error prevents users from successfully completing the identity assurance quiz. You can contact the USCIS National Customer Service Center (NCSC) at 800-375-5283, TTY 800-767-1833 for further assistance.

Additional privacy and security protections built in to the Self Check service include:

Defenses to prevent phishing attacks and attempts to circumvent the identity assurance process;

Safeguards to block IP addresses and deny service to anyone attempting to access Self Check from outside the continental United States and to block usage by hackers who attempt to attack the service;

Measures to prevent imposters from running a stolen identity through Self Check in cases where an individual has reported identity theft to a credit bureau and placed a “fraud lock” on his or her identity; and

Ongoing and active monitoring by USCIS to prevent misuse.
Additional Facts About E-Verify Self Check:

USCIS partnered with SSA to identify one state in each of SSA’s regions to participate in the first launch phase of this new service. Additionally, the District of Columbia was chosen to enable USCIS headquarters to access the service for training, evaluation and system improvements.

Following the initial release and review of the service, USCIS will work to expand Self Check’s availability as quickly as possible, with the goal of expanding nationwide within 12 months.

USCIS estimates that Self Check users will generate about 850,000 to 1 million queries in the first year, with approximately 8 million queries per year after the program is expanded nationwide. The servers that house E-Verify databases have been tested and are capable of handling these additional queries.

E-Verify is administered by USCIS in partnership with SSA. For more information about E-Verify, please visit www.uscis.gov/everify. For more information on E-Verify Self Check, visit at www.uscis.gov or call the E-Verify Employee Hotline at (888) 897-7781.

This page was last reviewed/modified on March 21, 2011.

FOR MORE INFORMATION ABOUT THE E-VERIFY SELF-CHECK, SEE THE CIS BLOG AT:

http://blog.uscis.gov/2011/03/introducing-e-verify-self-check-online.html

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