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.

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

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

June 3, 2011

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

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

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

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

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

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

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

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

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

- EOIR -

CBP Reminds Travelers about Requirements for Admission into U.S. and I-94 Permit Process.

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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

Technology and the Future of the U.S. Economy.

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Technology and the Future of the U.S. Economy.

Posted by Aneesh Chopra on May 16, 2011 at 02:29 PM EDT

Last week, President Obama called for a national conversation on how to fix our broken immigration system so it works for the 21st Century economy. On Thursday, I joined 25 entrepreneurs — drawn from the local business community and attendees of the inspiring Big Omaha conference — in Omaha, NE, to engage in such a discussion. Though many in the room hadn’t known each other, we quickly shared personal stories of hope and frustration with the current immigration system.

Given the high-tech focus of many of the entrepreneurs in the room, the message I heard was clear — if we are to effectively compete in the global economy, we need access to the very best talent our communities can attract, especially in regions that lack the kind of talent concentration one finds in areas like Silicon Valley or Austin, TX.

I met Nick Hudson, a British-born entrepreneur three times over who described the Omaha community as very welcoming of immigrants, despite the difficulties of navigating our national immigration system.
I met an immigrant entrepreneur whose daughter successfully completed a master’s degree in engineering, precisely the kind of science, technology, engineering and math (STEM) training the President has emphasized as key to our economic future, but who lacked a clear pathway to join our workforce.
To that end, I shared news from Washington that, effective immediately, an expanded pool of STEM graduates qualifies for an additional 17 months of optional practical training, exposing the best and brightest to our economic growth engines.

Best of all, I heard feedback that we might be able to address administratively, including calls for:
clearer, simpler rules to navigate the legal immigration system and clarity on the importance of immigrant entrepreneurs when adjudicating applications.

I want to thank the Omaha Chamber of Commerce and the folks organizing Big Omaha for convening last Thursday’s roundtable, and for the participants who pledged to continue the discussion with their friends and neighbors. I left Omaha with a bit more confidence that we can finally tackle this important component of our economic growth strategy. Please join us in this conversation by hosting a roundtable.

Aneesh Chopra is U.S. Chief Technology Officer

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).

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.

Department of Education Takes the Necessary Steps to ensure that no child is denied a public education.

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U.S. Department of Justice

-and-

U.S. Department of Education
Civil Rights Division Office for Civil Rights Office of the General Counsel

May 6, 2011

Dear Colleague:
Under Federal law, State and local educational agencies (hereinafter “districts”) are required to provide all children with equal access to public education at the elementary and secondary level. Recently, we have become aware of student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status. These practices contravene Federal law. Both the United States Department of Justice and the United States Department of Education (Departments) write to remind you of the Federal obligation to provide equal educational opportunities to all children residing within your district and to offer our assistance in ensuring that you comply with the law.
The Departments enforce numerous statutes that prohibit discrimination, including Titles IV and VI of the Civil Rights Act of 1964. Title IV prohibits discrimination on the basis of race, color, or national origin, among other factors, by public elementary and secondary schools. 42 U.S.C. § 2000c-6. Title VI prohibits discrimination by recipients of Federal financial assistance on the basis of race, color, or national origin. 42 U.S.C. § 2000d. Title VI regulations, moreover, prohibit districts from unjustifiably utilizing criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of a program for individuals of a particular race, color, or national origin. See 28 C.F.R. § 42.104(b)(2) and 34 C.F.R. § 100.3(b)(2).
Additionally, the United States Supreme Court held in the case of Plyler v. Doe, 457 U.S. 202 (1982), that a State may not deny access to a basic public education to any child residing in the State, whether present in the United States legally or otherwise. Denying “innocent children” access to a public education, the Court explained, “imposes a lifetime hardship on a discrete class of children not accountable for their disabling status. . . . By denying these children a basic education, we deny them the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the smallest way to the progress of our Nation.” Plyler, 457 U.S. at 223. As Plyler makes clear, the undocumented or non-citizen status of a student (or his or her parent or guardian) is irrelevant to that student’s entitlement to an elementary and secondary public education.

To comply with these Federal civil rights laws, as well as the mandates of the Supreme Court, you must ensure that you do not discriminate on the basis of race, color, or national origin, and that students are not barred from enrolling in public schools at the elementary and secondary level on the basis of their own citizenship or immigration status or that of their parents

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or guardians. Moreover, districts may not request information with the purpose or result of denying access to public schools on the basis of race, color, or national origin. To assist you in meeting these obligations, we provide below some examples of permissible enrollment practices, as well as examples of the types of information that may not be used as a basis for denying a student entrance to school.
In order to ensure that its educational services are enjoyed only by residents of the district, a district may require students or their parents to provide proof of residency within the district. See, e.g., Martinez v. Bynum, 461 U.S. 321, 328 (1983).1 For example, a district may require copies of phone and water bills or lease agreements to establish residency. While a district may restrict attendance to district residents, inquiring into students’ citizenship or immigration status, or that of their parents or guardians would not be relevant to establishing residency within the district.
A school district may require a birth certificate to ensure that a student falls within district-mandated minimum and maximum age requirements; however, a district may not bar a student from enrolling in its schools based on a foreign birth certificate. Moreover, we recognize that districts have Federal obligations, and in some instances State obligations, to report certain data such as the race and ethnicity of their student population. While the Department of Education requires districts to collect and report such information, districts cannot use the acquired data to discriminate against students; nor should a parent’s or guardian’s refusal to respond to a request for this data lead to a denial of his or her child’s enrollment.
Similarly, we are aware that many districts request a student’s social security number at enrollment for use as a student identification number. A district may not deny enrollment to a student if he or she (or his or her parent or guardian) chooses not to provide a social security number. See 5 U.S.C. §552a (note).2 If a district chooses to request a social security number, it shall inform the individual that the disclosure is voluntary, provide the statutory or other basis upon which it is seeking the number, and explain what uses will be made of it. Id. In all instances of information collection and review, it is essential that any request be uniformly applied to all students and not applied in a selective manner to specific groups of students.
As the Supreme Court noted in the landmark case of Brown v. Board of Education, 347 U.S. 483 (1954), “it is doubtful that any child may reasonably be expected to succeed in life if he [or she] is denied the opportunity of an education.” Id. at 493. Both Departments are committed to vigorously enforcing the Federal civil rights laws outlined above and to providing any technical assistance that may be helpful to you so that all students are afforded equal educational opportunities. As immediate steps, you first may wish to review the documents your district requires for school enrollment to ensure that the requested documents do not have a chilling effect on a student’s enrollment in school. Second, in the process of assessing your compliance with the law, you might review State and district level enrollment data. Precipitous drops in the
1 Homeless children and youth often do not have the documents ordinarily required for school enrollment such as proof of residency or birth certificates. A school selected for a homeless child must immediately enroll the homeless child, even if the child or the child’s parent or guardian is unable to produce the records normally required for enrollment. See 42 U.S.C. § 11432(g)(3)(C)(i). 2 Federal law provides for certain limited exceptions to this requirement. See Pub. L. 93-579 § 7(a)(2)(B).

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enrollment of any group of students in a district or school may signal that there are barriers to their attendance that you should further investigate.
Please contact us if you have any questions or if we can provide you with assistance in ensuring that your programs comply with Federal law. You may contact the Department of Justice, Civil Rights Division, Educational Opportunities Section, at (877) 292-3804 or education@usdoj.gov, or the Department of Education Office for Civil Rights (OCR) at (800) 421- 3481 or ocr@ed.gov. You may also visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the OCR enforcement office that serves your area. For general information about equal access to public education, please visit our websites at http://www.justice.gov/crt/edo and http://www2.ed.gov/about/offices/list/ocr/index.html.

We look forward to working with you. Thank you for your attention to this matter and for taking the necessary steps to ensure that no child is denied a public education.

/s/ Russlynn Ali Assistant Secretary Office for Civil Rights U.S. Department of Education

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.

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