USCIS Reminds Petitioners to Provide Approved Labor Condition Applications

USCIS Reminds Petitioners to Provide Approved Labor Condition Applications

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs).

Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010.

As of March 10, 2010, USCIS will reject any H-1B petition filed without an LCA certified by DOL.

USCIS Reminds Chilean Nationals of Immigration Benefits Available

USCIS Reminds Chilean Nationals of Immigration Benefits Available

WASHINGTON—In light of the recent natural catastrophes in Chile, U.S. Citizenship and Immigration Services (USCIS) reminds Chileans of U.S. immigration benefits available to eligible Chilean nationals upon request.

USCIS understands that a natural catastrophe can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to nationals of Chile may include:

•The grant of an application for change or extension of nonimmigrant status on behalf of a Chilean national who is currently in the United States, even in cases where the request is submitted after the individual’s authorized period of admission has expired;
•Re-parole of individuals granted parole by USCIS;
•Extension of certain grants of advance parole, expedited processing of advance parole requests;
•Expedited adjudication and approval, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students;
•Expedited processing of immigrant petitions for immediate relative(s) of U.S. citizens and lawful permanent residents (LPRs);
•Expedited issuance of employment authorization where appropriate; and
•Assistance to LPRs stranded overseas without documents in coordination with the Department of State.
For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at (800) 375-5283 (800) 375-5283.

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in FY 2010 or 2011.

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

•extend the amount of time a current H-1B worker may remain in the United States;
•change the terms of employment for current H-1B workers;
•allow current H-1B workers to change employers; or
•allow current H-1B workers to work concurrently in a second H-1B position.
H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of a FY2011 H-1B petition, which can be found on our website.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

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

US State Dept. rolls out new online visa application for temporary visitors

By Dawn Lim 03/04/2010

The State Department's Bureau of Consular Affairs is rolling out a new online application process for nonimmigrant visas aimed at reducing processing time. This is the bureau's first step to building the Consular Electronic Application Center, a Web-based system that eventually will host online applications for immigration visas and passports.

The new nonimmigrant visa application, DS-160, combines three forms into one online platform. Once an applicant submits the document online, consular officers can screen it before the visa interview and ask the candidate to fill in any missing information. Applicants must complete the form in English, but they can view as pop-ups foreign translations of the questions.

Nonimmigrant visas generally are required for temporary visitors entering the country with a specific purpose, for instance, international students or tourists seeking medical treatment. The government issued more than 6.6 million nonimmigrant visas at Foreign Service posts in 2008, up 1.2 million from 2005.

The nonimmigrant visa application process officially went online in 2006 when State mandated that the electronic visa application form replace paper questionnaires. But under that system, applicants were required to print out the pages they had filled in online and bring them to a visa interview. The new system cuts down on paperwork: Applicants only need to print out a confirmation sheet with a bar code that allows consular officers to locate the candidate's case in the department's database.

The bureau decided to deploy DS-160 worldwide after a yearlong pilot program ended in September 2009. Eighty-eight consulates and embassies accept visa applications using DS-160, and more are making the transition each week. Adriana Gallegos, a spokeswoman for Consular Affairs, said the bureau expects that DS-160 will be used at every overseas visa-issuing post by the end of April.

But it isn't clear whether State will be able to accomplish that goal. In a statement released in November 2009, State said it was facing "a technical challenge in meeting our deployment goal" because of the difficulty of developing new foreign language translations. In October 2009, Consular Affairs approved translations of DS-160 into 22 languages, but it takes 64 hours and $8,000 to develop each translation, which limits how quickly the form can be deployed in countries where English isn't widely spoken. So far, DS-160 is available in 11 foreign languages; five more translations are ready to be added and six translations are in the works.

Jessica Vaughan, director of policy studies at the Center for Immigration Studies, a right-leaning think-tank that seeks fewer immigrants but better treatment for those admitted, said the new application procedure was a clear sign there would be more automation in the immigrant visa application process. She said electronic forms aid efficiency, but also encourage third-party involvement and introduce the risk of fraud. Vaughan cautioned, "automation should not cause the review process to be abandoned or diluted in anyway."

According to the Federal Register, while a third party can assist the petitioner in preparing a DS-160, the applicant must electronically sign the form himself and identify any third party who has assisted in the preparation of the document.

The number of temporary visitors in the United States dropped from 6.6 million in 2008 to 5.8 million in 2009. Geoff Freeman, senior vice president of the nonprofit U.S. Travel Association, said the new Web-based application process is a "step in the right direction," but State should work on dealing with the fact that "the entry process is still not as efficient and welcoming as it needs to be."

New H2A rules

ETA News Release: [02/11/2010]
Contact Name: Lina Garcia
Phone Number: Ofc: (202) 693-4661 (202) 693-4661 ; cell: (202) 579-7338 (202) 579-7338
Release Number: 10-198-NAT


Secretary of Labor Hilda L. Solis announces final rule for H-2A program
Labor certification for temporary agricultural employment of H-2A workers in US to strengthen worker protection for both American and foreign workers

WASHINGTON — U.S. Secretary of Labor Hilda L. Solis today announced a new rule regarding the H-2A program. The Labor Department will publish in the Feb. 12 edition of the Federal Register, a final rule governing the labor certification process and enforcement mechanisms for the H-2A temporary agricultural worker program. The final rule is being published to strengthen worker protections for both U.S. and foreign workers and to ensure overall H-2A program integrity. The rule will be effective March 15, 2010.

The H-2A nonimmigrant visa classification applies to foreign workers coming to or already in the U.S. to perform agricultural work of a temporary or seasonal nature. The U.S. Department of Homeland Security may not approve an H-2A visa petition unless the Department of Labor, through its Employment and Training Administration, certifies that there are not sufficient U.S. workers qualified and available to perform the labor involved in the petition and that the employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers.

Additionally, through its Wage and Hour Division, the department enforces the terms and conditions of the labor certification and enforces worker protections.

"This new rule will make it possible for all workers who are working hard on American soil to receive fair pay while at the same time expand opportunities for U.S. workers," said Secretary Solis. "The actions that we have taken through this rulemaking also will enable us to detect and remedy different forms of worker violations."

During fiscal year 2009, employers filed 8,150 labor certification applications requesting 103,955 H-2A workers for temporary agricultural work. The Department of Labor certified 94 percent of the applications submitted for a total of 86,014 workers.

This final rule is the result of the department's review of the policy decisions underlying a previous revision of the H-2A regulations, published in late 2008. The department's review focused on the process for obtaining labor certifications, the method for determining the H-2A Adverse Effect Wage Rate, and the protections afforded to both the temporary foreign workers as well as the domestic agricultural workforce. The final rule includes stronger mechanisms for enforcement of the worker protection provisions required by the H-2A program.

Overall benefits of the final rule include increased wages for workers and greater access to the domestic labor market. The new rule ensures that U.S. workers in the same occupation working for the same employer, regardless of date of hire, receive no less than the same wage as foreign workers; provides more transparency by creating a national electronic job registry where job orders will be posted through 50 percent of the contract period; and protects against worker abuses by prohibiting cost-shifting from the employer to the worker for recruitment fees, visa fees, border crossing fees and other U.S. government mandated fees.

To view a fact sheet and more information about the benefits of the new H2A Rule, visit: http://www.dol.gov.

Cincinnati firm fined at conclusion of worksite investigation

February 12, 2010

Cincinnati firm fined at conclusion of worksite investigation

CINCINNATI - U.S. Immigration and Customs Enforcement (ICE) announced today that Koch Foods of Cincinnati LLC paid a $536,046 fine for administrative violations of U.S. immigration laws.

The ICE Office of Investigations in Cincinnati conducted a worksite investigation of Koch Foods after receiving information from a concerned citizen alleging that the company was employing more than 100 illegal aliens at their poultry processing facility in the Cincinnati area. In August 2007, ICE subsequently executed a search warrant at Koch's Fairfield, Ohio, processing facility and arrested 161 illegal aliens and seized relevant documents. ICE also executed a search warrant at Koch's corporate offices in Chicago seizing relevant documents.

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. The fine relates to I-9 violations at Koch's Fairfield, Ohio, facility. The company has cooperated with ICE in the investigation employing the use of E-Verify and ensuring that its policies and procedures are in compliance with legal requirements.

"Employers have a responsibility to hire men and women who are authorized to work in the United States and fines are an important component of ensuring their compliance," said Brian Moskowitz, Special Agent in Charge of ICE Office of Investigations in Michigan and Ohio. "The significant civil fines leveled here represent ICE's firm commitment to holding employers accountable."

ICE issued a Notice of Intent to Fine in the specified amount on Feb. 8. The Final Order was issued and fine paid on February 9 in Cleveland. The company has implemented measures revising its hiring and immigration compliance program, and has established new procedures to prevent future violations of federal immigration laws, which includes the removal of the individual employed as the human resource manager during the time period surrounding the violations.

In April 2009, ICE implemented a new comprehensive strategy to reduce the demand for illegal employment and to protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating and knowingly employing illegal aliens in the workplace.

ICE commends the Butler County Sheriff's Office, the West Chester and Fairfield Police Departments, and U.S. Department of Agriculture's Office of the Inspector General for their invaluable assistance in the investigation. In addition, ICE would like to recognize the West Chester and Fairfield Fire Departments for their assistance in ensuring the safety of the officers and illegal aliens present during the warrant execution.

-- ICE --

Missouri roofing company owner sentenced for hiring illegal aliens

February 3, 2010

Missouri roofing company owner sentenced for hiring illegal aliens

SPRINGFIELD, Mo. - The owner of a southwest Missouri roofing company was sentenced in federal court Wednesday to forfeit more than $180,000 and pay a $36,000 fine for knowingly hiring illegal aliens. The sentence resulted from a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement (ICE).

Russell D. Taylor, 31, of Bolivar, Mo., was sentenced in the Western District of Missouri Feb. 3 to forfeit $185,363 to the government and pay a fine of $36,000. He pleaded guilty Sept. 14 to knowingly hiring, contracting and sub-contracting to hire illegal aliens from August 2006 through April 2008.

Taylor operated a roofing business in Bolivar as Taylor-Made Roofing, aka Taylor-Made Contractors.

The court ordered Taylor to forfeit to the government $185,363, which represents the amount of proceeds obtained as a result of the offense, and to pay a fine of $36,000, which represents a $3,000 fine for each of the 12 illegal aliens who worked under the supervision of Juan Pacheco-Herrera. Pacheco-Herrera pleaded guilty in a separate but related case to harboring illegal aliens.

The court also sentenced Taylor to serve five years of probation. As a condition of probation, Taylor must implement an employment-compliance plan and pay the $185,363 money judgment in monthly installments during the first 30 months of probation.

"Employers in all industries and locations must comply with the nation's immigration laws if we are to have an effective immigration enforcement strategy in the United States," said Michael Spinella, resident agent in charge of the ICE Office of Investigations in Springfield. "ICE is creating a culture of compliance among businesses by leveling both criminal and civil fines against employers who egregiously violate immigration laws."

Assistant U.S. Attorney Robyn L. McKee, Western District of Missouri, prosecuted this case.

In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers.

-- ICE --

DHS Implements Regulation to Enhance Attorney

DHS Implements Regulation to Enhance Attorney
Discipline Program
WASHINGTON – The Department of Homeland Security (DHS) announced a new rule to enhance
the integrity of the immigration adjudication process. The rule clarifies who is authorized to
represent applicants and petitioners in cases before DHS; updates and enhances the standards
and disciplinary procedures for these immigration practitioners; and eliminates duplicative
immigration adjudication rules, procedures and authority.
The new rules and procedures published today in the Federal Register take effect March 3.
For more information on USCIS programs,visit www.uscis.gov or call the National Customer Center

USCIS Responds to Haiti Earthquake

USCIS Responds to Haiti Earthquake

January 15, 2010 (5:00pm EST) - Statement By Homeland Security Secretary Janet Napolitano

“As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.

“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way. The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.

“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.

“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.

Haitians in the U.S. who are eligible to apply for TPS should call USCIS toll-free at 800) 375-5283.



January 15, 2010 - Statement By Homeland Security Secretary Janet Napolitano

“The Department of Homeland Security continues to extend sympathy for our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts. On Wednesday, U.S. Immigration and Customs Enforcement halted all removals to Haiti for the time being in response to the devastation caused by Tuesday’s earthquake. The entire Department stands ready to receive evacuees safely and securely in the United States.

“Monetary contributions from individual Americans are the best way to immediately support the relief efforts of those who are working around-the-clock to help save lives in Haiti—and will help sustain these efforts over the long-term. The rebuilding process for the people of Haiti will undoubtedly be extremely difficult. I encourage every American who is interested in giving to participate in this response effort by providing support to those in need. You can visit www.whitehouse.gov/haitiearthquake to make your contribution.”

January 13, 2010 - Statement By Homeland Security Secretary Janet Napolitano

President Obama spoke this morning, extending "deep condolences and unwavering support of the American people" to Haiti, and committing the resources of the Federal government "to respond with a swift, coordinated, and aggressive effort to save lives."

Secretary Napolitano released a statement shortly after the President's remarks:

"The entire Department of Homeland Security (DHS) extends its sympathy for the devastation and loss of life in Haiti following last night's earthquake--a disaster that has called the world to action in response. The U.S. Coast Guard and the Federal Emergency Management Agency (FEMA) are leading DHS actions to support the larger assistance effort. Several Coast Guard cutters and aircraft have mobilized and are on the ground to assist the humanitarian effort as needed. FEMA has been in close contact with the State Department and USAID, the lead U.S. federal response agencies, and stands ready to provide assistance as requested. I am being kept closely apprised of the developing situation, and the Department will continue to support the people of Haiti and others affected by this tragedy. I encourage the American people to donate what funds they can afford to disaster relief organizations such as the American Red Cross to allow these voluntary groups to provide goods and services to disaster survivors as quickly as possible."

To help relief efforts, text “HAITI” to “90999” and $10 will be given automatically to the Red Cross, charged to your cell phone bill. Or you can go online to organizations like the Red Cross and Mercy Corps to make a contribution to the disaster relief efforts.

Americans seeking information on family members in Haiti should contact the State Department at 888-407-4747.

H2B fraud conviction

Twin brothers sentenced to prison for obtaining fraudulent visas

88 Indian citizens received fraudulent immigration benefits from the scheme

HOUSTON - Twin brothers from Brownsville, Texas, were sentenced to prison on Monday for their role in a conspiracy to obtain fraudulent work visas for numerous Indian nationals in exchange for at least $20,000 per visa. The sentences were announced by U.S. Attorney Tim Johnson, Southern District of Texas.

The convictions and sentences resulted from a multi-agency, multi-jurisdictional investigation jointly led by the following federal agencies: U.S. Immigration and Customs Enforcement (ICE) and the Department of State's Diplomatic Security Service with the assistance of the Internal Revenue Service's Criminal Investigation Division and the Department of Labor's Office of Inspector General.

Alberto and Bernardo Pena, 40, were sentenced by U.S. District Judge Nancy Atlas to 41 months and 30 months imprisonment, respectively. The brothers were found guilty of all 16 counts charged against each of them during a two-week jury trial in April 2009. The guilty verdicts included one count of conspiracy, 14 counts of encouraging and inducing illegal immigration, and one count of money laundering.

The jury found the Pena brothers had encouraged and induced 88 individuals from Gujarat, India, to unlawfully enter the United States on temporary H-2B visas. The twin brothers knew that the Indian nationals did not intend to work for the company used to get their visas, or return to India at the expiration of their 10-month visas. The scheme generated an estimated $1.8 million in illegal profits for the brothers.

An H-2B visa is a category of non-immigrant visa that allows U.S. employers to hire alien workers for temporary non-agricultural work if the employer can demonstrate there are no qualified U.S. workers to perform the jobs, and that hiring alien workers will not adversely affect local wages. Only 66,000 visas may be issued per year under the H-2B visa program.

Court evidence revealed that Charles Keith Viscardi owned and managed a construction company located in New Iberia, La. He enlisted AMEB Business Group Inc., a visa facilitation firm owned and operated by Alberto and Bernardo Pena and Marte Villar, 50, of Matamoros, Mexico, to procure foreign manual labor under the H-2B visa program. AMEB did in fact procure laborers from Mexico for the construction company.

The principals of AMEB, including Alberto Pena, also submitted documentation to the Department of Homeland Security's Citizenship and Immigration Services and other governmental agencies allegedly seeking workers from India on behalf of the construction company.

Co-defendants Mahendra "Mack" Patel, 56, of Ft. Worth, Texas, and Rakesh Patel, 40, a Houston pharmacist, recruited citizens of India who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States. Alberto and Bernardo Pena traveled to India to assist the Indian nationals with the application process. They also visited and corresponded with the U.S. Consulate in Mumbai.

Each of the Indian nationals granted H-2B visas came to Houston where Mack and Rakesh Patel collected payments for the visas in the form of cash as well as cashier's checks and money orders purchased throughout the country.

None of the Indian nationals were ever employed at the construction company. Instead, they simply dispersed throughout the United States after paying for their fraudulently obtained visas.

Trial testimony revealed that at least some of the Indian nationals whose relatives had paid $35,000 in cash for their visas had been working at gas stations and convenience stores owned and operated by those relatives without having received a paycheck during the three years since they entered the country. All of the conspirators, including Alberto and Bernardo Pena, shared in the proceeds derived from the scheme.

Viscardi pleaded guilty for his involvement in the scheme, cooperated with authorities and is scheduled to be sentenced by Judge Atlas on Dec. 16 at 3 p.m. Mack and Rakesh Patel also pleaded guilty and will be sentenced the same date at 1 p.m. Charges remain pending against Villar, who remains a fugitive from justice.

Assistant U.S. Attorneys Jason Varnado and Gregg Costa, Southern District of Texas, are prosecuting this case.

-- ICE --