Owner/operator and employee of Miami-based school sentenced for immigration-related fraud

August 30, 2010

Owner/operator and employee of Miami-based school sentenced for immigration-related fraud

MIAMI - A local woman was sentenced on Friday to 15 months in prison for her role in student visa fraud. This ultimately became U.S. Immigration and Customs Enforcement's (ICE) largest-ever student visa fraud investigation netting 116 administrative arrests of student visa violators.

Lydia Menocal, 58, from Miami was also ordered to serve two years of supervised release after she completes her sentence, pay a $5,000 fine and forfeit around $600,000 in money and property to the United States.

Her co-defendant, Ofelia Macia, 75, of Miami, also was sentenced on Friday to one year probation and ordered to pay a $1,000 fine.

Menocal was the director and sole shareholder of Florida Language Institute Inc. (FLI), a language school in a strip mall located at 947 Southwest 87th Ave. in Miami. Menocal and Macia, on FLI's behalf, applied to the Department of Homeland Security (DHS) in 2002 to authorize FLI to issue I-20 forms directly to foreign nationals wishing to enter or remain in the United States as full-time language students. I-20 forms are certificates of eligibility for non-immigrant F-1 student status for academic and language students. I-20 forms are necessary for potential foreign national students to obtain their F-1 student visas.

As part of the DHS application, the defendants stated that they had read and understood all the pertinent federal regulations governing DHS-approved schools, including the regulations requiring students to attend class at least 18 hours per week and requiring school officials to report students who were not attending regularly. Based on the defendants' representations that they had read, understood and agreed to abide by these regulations, DHS approved FLI's application to issue I-20 forms to foreign nationals wishing to enter or remain in the United States as full-time language students.

"This case serves a warning to other academic institutions that you will be investigated and prosecuted if you engage in this type of criminal activity," said Anthony V. Mangione, special agent in charge of the ICE Office of Homeland Security Investigations (HSI) in Miami. "One of the lessons learned from the September 11 attacks is that the U.S. government must be vigilant and aggressive in conducting investigations into organizations and persons who seek to exploit and corrupt America's legal immigration system for personal gain."

In November 2007, ICE-HSI special agents assigned to Miami's Compliance Enforcement Group initiated a criminal investigation dubbed "Operation Class Dismissed." The operation focused on Menocal and FLI after ICE received information that the school was allegedly fraudulently sponsoring foreign students. It was suspected that FLI issued I-20s without requiring the students to attend at least 18 hours of classes per week, as they had agreed to do under federal regulations.

On March 2, pursuant to a federal indictment, ICE-HSI special agents arrested Menocal and Macia on the criminal charges. Additionally, ICE special agents administratively arrested 116 student visa violators, who are currently facing immigration removal proceedings or have been ordered removed from the United States. About 36 of those students had turned themselves in to ICE following the March 2 enforcement action. More than 20 additional students, who were alleged to be attending FLI, departed the United States after learning about the March 2 ICE arrests.

Between July 2007 and March 2010, Menocal issued and signed hundreds of I-20s for foreign nationals wishing to attend FLI. On each form, Menocal swore under penalty of perjury that each student would be required to attend FLI for a full course of study, i.e., 18 hours a week. In fact, none of the hundreds of foreign nationals that Menocal issued I-20 forms to were required to attend FLI. Menocal did not report to DHS that these students were not attending class for the required 18 hours a week.

For example, in November 2007, DHS ICE officials conducted a site visit at FLI. The site visit was done while FLI was supposed to be conducting classes and 230 students were registered for the semester. Indeed, some students had signed in as if they had attended. But when DHS ICE officials visited FLI, no one was there, except for Menocal, Macia and some other school employees. The DHS ICE officials came back for a second site visit later that day and found only three students at the school, even though 13 had signed in. Menocal lied to the DHS ICE officials and said that 150 students attended class daily.

In 2007, two students in particular - K.R. and L.F.E. -were issued I-20s by Menocal, and were signed up to take classes, but almost never attended. Attendance records from 2007 show that neither student attended classes. When both students applied again to attend FLI in the fall of 2009, Menocal again issued the students I-20s and swore on the forms that they would be required to attend class 18 hours a week, knowing that they would not attend. For the second time, neither student attended the required classes. Indeed, Menocal allowed K.R. to take the midterm and the final examinations for the fall 2009 semester on the same day, in January 2010, after the semester had ended. Menocal did not report to DHS that K.R. and L.F.E. were not attending classes.

From July 2007 to March 2010, Menocal earned at least $600,000 by charging the foreign nationals for the I-20 forms, but not requiring that they attend class. The $600,000 represents the proceeds of Menocal's fraud.

Court records show that Macia, the school's office manager, was at the school daily and managed many of the school's operations, including the collection of payments. She knew that the foreign national students signed up to attend FLI were required to go to class at least 18 hours a week. Macia knew that as a designated school official she had a duty to report to DHS any students who were not meeting the attendance requirements. Macia also knew that the foreign national students who had been issued I-20s by FLI were not attending class 18 hours a week. Macia did not report to DHS that these students were not attending class.

Assistant U.S. Attorneys Roy K. Altman and Robert J. Luck, Southern District of Florida, prosecuted this case.

-- ICE --

NVC Immigrant Visa Electronic Processing

NVC Immigrant Visa Electronic Processing

What is Electronic Processing?

The Immigrant Visa Electronic Processing Program is a pilot project which uses electronic communication and documentation methods to simplify and accelerate the immigrant visa application process. This program uses e-mail for communication and submission of all forms and documents to the NVC using the Portable Document Format (PDF).

Under the Electronic Processing Program all forms will be downloaded, completed, signed (if required), scanned, saved as PDF files, and e-mailed to the NVC. Required civil documents and supporting documents must be converted to PDF files by scanning and e-mailed to the NVC.

After the NVC has completed processing the applicant's petition, the applicant will need to present the original physical documents to the US Embassy/Consulate at the time of the applicant's visa interview. Failure to do so may cause a delay or denial of the visa being sought.

Presumably you have already received a letter from the NVC notifying you that you may be eligible to participate. A translation of the Eligibility Letter from the NVC may be available, click here.

What is required to participate?

If eligible to participate in Electronic Processing the applicant (or designated agent) and the petitioner must:

•Have regular access to e-mail internet service;
•Have the ability to scan required documents into PDF files;
•Be able to submit all forms electronically (no paper copies will be accepted).
All visa applicants, their designated agent (if applicable), and their petitioner will need to follow the processing requirements in order to successfully complete Electronic Processing of the immigrant visa petition.

Note: If the applicant does not wish to participate in Electronic Processing, the applicant should follow the instructions provided in the National Visa Center's letter (e.g. paying the applicable fee or mailing the Choice of Address and Agent Form, DS-3032, to the NVC).

What should I expect to happen if I participate?

IF the applicant and/or designated agent meets the above requirements and chooses to participate

Ahead to Learn Electronic Processing Requirements

IF the applicant and/or designated agent DOES NOT meet the above requirements, the applicant is not eligible for participation in the program. The applicant should follow the instructions provided in the National Visa Center's letter (e.g. paying the applicable fee or mailing the Choice of Address and Agent Form, DS-3032, to the NVC).

158 arrested in Utah's largest ever ICE-led gang enforcement action

158 arrested in Utah's largest ever ICE-led gang enforcement action

Authorities credit new multi-agency task force for record arrests

SALT LAKE CITY - A total of 158 gang members and individuals with gang ties, including many with prior criminal records, are facing new criminal charges or deportation following a four-month, multi-agency anti-gang surge spearheaded by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) that represents the largest operation of its kind ever carried out in the state.

The arrests are the result of a coordinated effort by the new ICE-HSI-led Operation Community Shield Task Force (OCSTF) made up of personnel from ICE and five local law enforcement agencies, including the Utah County Major Crimes Task Force, and the police departments of South Salt Lake, Midvale, Ogden and St. George. Utah is one of the first ICE-HSI offices in the nation to establish an OCSTF, along with Dallas, Texas; St. Paul, Minn.; and Charlotte, N.C. The aim of the task forces is to leverage ICE's global reach and broad legal authorities with the unique capabilities of other law enforcement agencies to combat the growth and proliferation of transnational criminal street gangs.

At a news conference Thursday morning, the Utah U.S. Attorney, the Special Agent in Charge for ICE-HSI in the Rocky Mountain region, and representatives from the other agencies participating on the task force detailed the results of the operation that involved criminal and administrative immigration arrests in 23 communities statewide, as well as in neighboring West Wendover, Nev.

"This joint operation brings together local and federal resources to target individuals who are in the country illegally and committing crimes in our communities," U.S. Attorney Carlie Christensen said. "The federal cases we are prosecuting as a result of this operation involve individuals who were previously deported and are now back in Utah communities involved in criminal activities. Prosecuting these individuals deters and disrupts gangs and directly and positively impacts the quality of life in our communities. As such, these cases remain a priority for the U.S Attorney's Office."

Of the gang members and gang associates arrested during the enforcement action, 93 are facing prosecution on federal and state criminal charges ranging from solicitation to commit aggravated murder and forcible sexual abuse to drug and firearms violations and re-entry after deportation. A re-entry conviction is a felony that carries a potential penalty of up to 20 years in prison. Individuals currently facing state charges will be referred for federal immigration charges once the state charges are resolved.

"The record number of arrests during this anti-gang operation is a direct result of the teamwork by the newly established task force and the extraordinary support we received from the numerous other law enforcement agencies involved," said Kumar Kibble, special agent in charge of ICE-HSI in the Rocky Mountain region. "This effort shows our collective resolve in Utah to attack and dismantle these dangerous criminal organizations. For too long, street gangs here and elsewhere have used violence and intimidation to hold communities hostage - as this operation shows, now it's the gang members who have something to fear."

Among the gang members facing federal criminal charges is a 28-year-old documented member of the Surenos-Alley Boys street gang who was previously deported to Mexico in March 2006. Jose Daniel Gil-Velasco was taken into custody by ICE-HSI agents in Provo, Utah, on Aug. 6. Gil-Velasco has a lengthy criminal record, including prior convictions for aggravated assault (two counts), carrying a concealed dangerous weapon and attempted theft. Gil is charged federally with re-entry after deportation.

Also facing re-entry after deportation charges is Juan Menchaca-Poban, 26, a member of the Toonersville Rifa 13 street gang, whose criminal history includes prior arrests for retail theft and drug possession, as well as a felony conviction for distributing a controlled substance. Menchaca-Poban was taken into custody by the Salt Lake Metro Gang Unit and ICE-HSI agents in Salt Lake City on June 3. At the time of his arrest, Menchaca-Poban was wanted on an outstanding state criminal warrant for narcotics distribution. Upon completion of his state sentence, Menchaca-Poban will be presented for federal prosecution for felony re-entry after deportation.

Of the 158 gang members and gang associates arrested during the operation, 125 are foreign nationals from the following five countries: Argentina, El Salvador, Honduras, Mexico and Peru. The group includes 31 individuals who have been previously deported from the United States. The foreign nationals who are not being prosecuted on criminal charges are being processed for removal. A number of them have already been deported to their native countries.

The enforcement action focused on individuals with ties to more than 50 street gangs in four of the state's major metropolitan areas: Salt Lake City, Provo, Ogden and St. George. The operation commenced in the Salt Lake City area in early April and culminated last week with arrests in and around Provo, Utah. Below is a break down of the arrests by community.

In addition to the members of the Community Shield Task Force, numerous other federal, state and local law enforcement agencies assisted with the operation. Those agencies include: the U.S. Marshals Service; the Utah Highway Patrol; Utah Adult Probation and Parole; the Washington County Drug and Gang Task Force; the Salt Lake Metro Gang Task Force; the sheriffs' offices in Summit, Cache, Washington and Iron counties; and the police departments in Brigham City, Logan City, Tremonton, Santa Clara, Hurricane, Ivins, La Verkin, Orem, Cedar City and Wendover, Nev.

The Utah enforcement surge is part of ICE-HSI's ongoing anti-gang nationwide initiative known as Operation Community Shield. Since Operation Community Shield began in February 2005, ICE agents nationwide have arrested more than 18,000 gang members and gang associates, including more than 350 individuals in Utah.

Under Operation Community Shield, ICE-HSI is using its powerful immigration and customs law enforcement authorities in a coordinated, national campaign against criminal street gangs across the country. As part of the effort, HSI's National Gang Unit identifies violent street gangs and develops intelligence on their membership, associates, criminal activities and international movements to deter, disrupt and dismantle gang operations.

Transnational street gangs have significant numbers of foreign-born members and are frequently involved in human and contraband smuggling, immigration violations and other crimes with a connection to the border.

To report suspicious activity, call ICE's 24-hour toll-free hotline at: 1-866-347-2423 begin_of_the_skype_highlighting 1-866-347-2423 end_of_the_skype_highlighting or visit www.ice.gov.

-- ICE --

ATTORNEY GENERAL CUOMO SHUTS DOWN SEVEN COMPANIES FOR PROVIDING FRAUDULENT LEGAL SERVICES TO IMMIGRANT COMMUNITIES

ATTORNEY GENERAL CUOMO SHUTS DOWN SEVEN COMPANIES FOR PROVIDING FRAUDULENT LEGAL SERVICES TO IMMIGRANT COMMUNITIES

Files Two Additional Lawsuits against Companies for Defrauding Thousands of Immigrants

Latest Stages of Cuomo’s Ongoing Immigration Fraud Investigation

NEW YORK, NY (August 17, 2010) -

Attorney General Andrew M. Cuomo today announced the latest actions in his ongoing effort to combat scams that target New York’s immigrant communities. As part of his broad investigation into immigration fraud, Cuomo has shut down seven companies and sued two other organizations for providing fraudulent legal services to immigrants.

The following seven companies and their owners have been permanently barred from operating any immigration services businesses and must collectively pay $370,000 in damages to the State of New York: (1) Centro Santa Ana, Inc. and Ana Lucia Baquero, in Queens; (2) Margo’s Immigration Services and Margarita Davidov a/k/a Margo Davidov, in Queens; (3) Miguel Fittipaldi, J.D., Ltd. and Miguel Fittipaldi, in Manhattan; (4) Arthur C. Hurwitz, in Manhattan; (5) Oficina Legal Para Hispanos, P.C. and Geoffrey S. Stewart, in Manhattan; (6) Asilos and Camilo Perdomo, in Queens; and (7) Mision Hispana, Inc. and Mayra Liz, in Queens.

The Attorney General began an investigation and issued subpoenas to these companies after receiving information that they were engaged in fraudulent and illegal business practices. The illegal conduct included, among other things, misrepresenting their authorization to submit documents on behalf of immigrants to the government and giving legal advice to immigrants. Further, some of these companies involved attorneys who aided others in the unauthorized practice of the law and simply lent their name to provide legitimacy to the business. Collectively, these companies abused hundreds of immigrants.

“These companies took money from immigrants by promising to provide services that they could not deliver,” said Attorney General Cuomo. “The fraudulent practices of these companies caused innocent people to face problems with their immigration status, even deportation. My office will continue to go after companies and individuals that defraud and abuse New York’s immigrant communities.”

As a result of the settlements with the Attorney General’s office, these companies are also required to notify all former and current clients in writing that they are no longer providing any immigration-related services and must submit quarterly reports to the Attorney General of any complaints from the public. Complainants may be eligible for restitution for using these fraudulent businesses.

The Attorney General’s office will coordinate with several New York legal associations to help handle the companies’ existing cases and to protect innocent victims.


LAWSUITS AGAINST OTHER FRAUDULENT IMMIGRATION SERVICES COMPANIES

In a separate action, Cuomo filed two lawsuits against other organizations that are providing fraudulent legal services to immigrants.

The first lawsuit is against four companies that have been illegally providing unauthorized legal services to immigrants. The lawsuits were filed today in New York State Supreme Court against: Inmigración Hoy, Inmigración Hoy News Today, Forensic Immigration Law, and Inmigración Accounting Service, which are all controlled by Edwin Rivera in the Bronx. These companies all offered legal counsel to immigrants without being licensed attorneys or having the proper accreditation. In thousands of cases across New York City and Long Island, these companies gave unlicensed legal advice and unlawfully filed immigration petitions with the United States Citizenship and Immigration Services on behalf of immigrants and their families, jeopardizing their efforts to achieve legal status. Further, the companies failed to provide consumers with written contracts in both the consumer’s native language and English, as required by law.

Today the Attorney General also filed a lawsuit against Thomas N. Toscano, a lawyer in Queens who worked with non-lawyers to illegally provide legal services to immigrants. Toscano failed to supervise his non-attorney employees and allowed them to operate a law office out of their home where non-attorney employees met with clients on immigration cases. Toscano advertised as an immigration attorney but had cases handled by his non-attorney employees, who often provided legal advice. Clients never got an opportunity to discuss their cases with an actual attorney admitted to practice law, and many immigration applications were later denied by immigration authorities.

The lawsuits seek to permanently bar the companies and their owners from providing immigration-related services in the future and seek penalties for these actions.

Chung-Wha Hong, Executive Director of the New York Immigration Coalition, said, “New York is celebrated throughout the world as a place of opportunity for all, and any company that lines its pockets by defrauding immigrants has no place in our city or our state. We applaud Attorney General Cuomo for his continued work to shut down fraudulent companies and stand up for New York’s immigrant communities.”

Jason Abrams, Chair of the Committee on the Unauthorized Practice of Law for the American Immigration Lawyers Association in New York, said, “Immigrants and their families can be subject to irreparable harm from unscrupulous individuals and fraudulent companies. The cost of this abuse is not just measured in dollars, but in torn families, stolen opportunities, and heartache. We are proud that Attorney General Cuomo is leading the way to shut down scams that prey on immigrants and we look forward to continuing to work with him to protect these vulnerable New Yorkers.”


BACKGROUND INFORMATION

The illegal actions of fraudulent immigration services organizations have disastrous consequences on immigrant communities. In addition to being forced to pay substantial fees, victims and their families are put at risk of suffering permanent damage as a result of receiving incorrect immigration-related legal advice. Individuals who followed the advice of fraudulent organizations have been subject to deportation due to inadequate or negligent legal representation.

Under state and federal law, only lawyers or accredited representatives can represent individuals before immigration authorities. Under New York State law, it is unlawful to mislead or defraud any person in immigration-related services. New York law also requires anyone providing immigration services to comply with advertising, signage, and surety requirements, and to give consumers written contracts in both the consumer’s native language and English that detail their services and cancellation policy. Further, it is illegal for not-for-profit immigrant service providers to charge excessive fees for services; the services must be provided free of charge or at a very nominal rate.

Today’s action is the latest stage of Attorney General Cuomo’s ongoing efforts to protect immigrants and their families from being targeted by fraudulent immigration services in New York. Other actions include:


In July 2010, the Attorney General obtained a judgment of over $6.25 million against Immigration Community Service Corporation and its owner Vincent I. Gonzalez of Manhattan for engaging in the unauthorized practice of the law and defrauding thousands of immigrants who used their services for filing immigration applications with the federal government.

In June 2010, the Attorney General sued several organizations and their principals - Chay Pa Lou Community Center, Inc.; Delegue Tax Consultant, Inc.; Jean Michel; Rincher’s Bookstore a/k/a Rincher Associates, Inc. a/k/a Rincher Associates & Bookstore a/k/a Rincher’s Multi Services; Haitian American Entrepreneur’s Group, LLC a/k/a Delrin Associates, LLC; Deslande Rincher a/k/a Dislande Rincher; and Sharlene M. Seixas-Rincher - for defrauding Haitian nationals of thousands of dollars by illegally providing immigration services they were not authorized to provide and by misrepresenting a new law that granted special status to certain immigrants. These organizations targeted Haitian nationals who were recently affected by the devastating January 2010 earthquake in Haiti. The cases are currently pending in the New York Supreme Court.

In April 2010, the Attorney General shut down American Immigrants Federation for defrauding immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services. The organization, its president Estela Figueredo, and its affiliates had to shut down all of their operations and pay $1.2 million for restitution to victims.

In March 2010, the Attorney General obtained a $3 million court judgment against a Queens County individual, Miriam Hernandez, for defrauding immigrants by claiming that she could help them gain citizenship.

In January 2010, the Attorney General sued and obtained a temporary restraining order against International Immigrants Foundation, International Professional Association, and their President Edward Juarez for engaging in fraud and the unauthorized practice of law. The case is currently pending in the New York State Supreme Court.

In August 2009, the Attorney General shut down three companies - Immigration Solutions and Systems, Inc. and its owner Mary DiSerio of Manhattan; Alisandra Multiservices, Inc. and its owner Sandra A. Peguero of Brentwood, Long Island; and All Immigration Services and its owners Ruth A. Shalom and Isaac Shalom of Great Neck, Long Island - for providing unauthorized and fraudulent legal services to immigrant communities and required them to pay full restitution to all victims. The companies were required to pay more than $100,000 in penalties and were permanently prohibited from operating immigration services businesses.

In August 2009, the Attorney General sued Professional Solutions Consultants (d/b/a Reliable Clerical Services and Reliable Immigration Services) and its owner Clover A. Perez, located in Queens, for providing unauthorized and fraudulent legal services to immigrant communities and is seeking injunctive relief, restitution, and penalties. The case is currently pending in the New York Supreme Court.

The cases are being handled by Assistant Attorneys General Sandra Abeles and Vilda Vera Mayuga and Assistant Deputy Counselor Elizabeth De León, with the assistance of Assistant Attorney General-in-Charge of the Harlem Regional Office Guy Mitchell and Investigators John McManus and Angel Laporte, under the supervision of Special Deputy Attorney General for Civil Rights Alphonso B. David and Chief Counsel for Civil Rights Spencer Freedman.

Missouri Man Pleads Guilty to Racketeering Conspiracy and Fraud in Foreign Labor Contracting Charges

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, August 18, 2010

Missouri Man Pleads Guilty to Racketeering Conspiracy and Fraud in Foreign Labor Contracting Charges

WASHINGTON – Andrew Cole pleaded guilty today to racketeering conspiracy and fraud in foreign labor contracting charges arising from his role in a criminal enterprise that engaged in numerous criminal activities, including forced labor, fraud in foreign labor contracting, visa fraud, mail fraud, identity theft, tax evasion and money laundering, the Justice Department announced today.

According to court documents, Cole recruited various foreign nationals from the Dominican Republic by falsely representing the terms, conditions and nature of their employment as hotel workers in the Kansas City area. At the time Cole recruited these foreign nationals, he knew that they would not be paid the wages promised, that many would be sent to work in factory positions in Alabama and that threats of deportation and other adverse immigration consequences would be made to the foreign nationals by members of the criminal enterprise in order to maintain the foreign nationals’ labor.

"The defendant took advantage of foreign workers’ hopes to live the American Dream. He recruited them with false promises and with the knowledge that these workers would be exploited and their labor coerced," said Assistant Attorney General for the Civil Rights Division Thomas E. Perez. "The Department of Justice will continue to vigorously prosecute these cases."

Multiple co-defendants have previously pleaded guilty in connection with the case. Ilkham Fazilov pleaded guilty on Aug 9, 2010, to racketeering conspiracy for his role in aiding and abetting others in the scheme. Jakhongir Kakhkharov also pleaded guilty to racketeering conspiracy on March 17, 2010. Alexandru Frumusache pleaded guilty on Oct. 7, 2009, to forced labor trafficking. Trial for the remaining defendants is set for Oct. 18, 2010.

The case was investigated by the Department of Homeland Security, the FBI, the Department of Labor, the Internal Revenue Service, the Kansas Department of Revenue and the Independence, Mo., Police Department. U.S. Attorney Criminal Chief Gene Porter, Assistant U.S. Attorney William Meiners and Civil Rights Division Human Trafficking Prosecution Unit Trial Attorney Jim Felte prosecuted this case for the government.

10-934Civil Rights Division

US Labor Department obtains nearly $1 million in back wages

News Release

OPA News Release: [08/17/2010]
Contact Name: Michale D'Aquino or Michael Wald
Phone Number: (404) 562-2076 begin_of_the_skype_highlighting (404) 562-2076 end_of_the_skype_highlighting or x2078
Release Number: 10-1111-ATL

US Labor Department obtains nearly $1 million in back wages and interest for 135 H-1B workers of Smartsoft International
ATLANTA — Smartsoft International Inc., a computer consulting company based in Suwanee, Ga., has agreed to pay nearly $1 million in back wages and interest to 135 nonimmigrant workers temporarily employed by the company under the H-1B visa program. The U.S. Department of Labor's Office of the Solicitor reached this agreement following a determination by the department's Wage and Hour Division that the company violated the H-1B program's rules. Smartsoft International also has U.S. offices in Sunnyvale, Calif., and North Brunswick, N.J.

"Workers deserve to receive the full wages for which they have worked so hard. That is not just a matter of decency and common sense, it's the law," said Secretary of Labor Hilda L. Solis. "The resolution of this case underscores the Labor Department's commitment to enforcing our nation's employment laws, including those designed to protect H-1B program participants."

A Wage and Hour Division investigator determined that some employees were not paid any wages at the beginning of their employment, were paid on a part-time basis despite being hired under a full-time employment agreement, and were paid less than the prevailing wage applicable to the geographic locations where they performed their work.

The company contested the Wage and Hour Division's conclusions and requested a formal hearing with the Labor Department's Office of Administrative Law Judges. As part of this agreement, the company will drop any further challenge.

The H-1B program allows employers to hire nonimmigrant workers in specialty occupations. The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Labor Department that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wages paid to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment, whichever is greater.

The department's Office of the Solicitor provided legal support to the Wage and Hour Division in this dispute. For more information about this investigation, contact the Wage and Hour Division's Atlanta District Office, 61 Forsyth St. SW, Room 7M10, Atlanta, GA 30303; telephone 404-893-4600 begin_of_the_skype_highlighting 404-893-4600 end_of_the_skype_highlighting. For more information about the H-1B visa program, call the Labor Department's toll-free helpline at 866-4US-WAGE begin_of_the_skype_highlighting 866-4US-WAGE end_of_the_skype_highlighting (487-9243). Information is also available on the Internet at http://www.dol.gov/whd.

Administrator, Wage and Hour Division v. Smartsoft International Inc.
Case No. 2009-LCA-00021

ICE cracks down on employers

ICE recently reported fine assessments greater than $4M against 164 employers throughout the county, and noted that 147 employers have been criminally convicted or cited with worksite violations during the calendar year. With increases to the forensic auditor core and a new centralized Auditing Center opening up to assist with administrative reviews, ICE is poised to increase administrative investigations in an effort to continue to remind employers that the culture of compliance is something to take very seriously.

USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS

USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) reminds nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on Sept. 7, 2010.

The 18-month extension of TPS for El Salvador will remain in effect through March 9, 2012. Individuals who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period, without good cause, will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the United States.

To re-register, all TPS beneficiaries must file both the Application for Temporary Protected Status, Form I-821, and the Application for Employment Authorization, Form I-765, with the correct fees or a properly documented fee waiver request. If the TPS re-registrant is not seeking employment authorization or an extension of his/her current employment authorization, the Form I-765 fee is not required, but the re-registrant must still file Form I-765 for data-gathering purposes. All TPS re-registrants age 14 and older must submit the biometric fee. Applicants who are able to demonstrate an inability to pay may request a fee waiver for the TPS application, biometric services or employment authorization, or all three fees combined. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the re-registration application. For information on TPS fee waivers, visit the “Questions and Answers on Temporary Protected Status Fee Waivers.”

To receive information about filing or case status, applicants may choose to:

•File the E-Notification of Application/Petition Acceptance, Form G-1145, together with their TPS package. This will enable them to receive an e-mail and/or cell phone text message informing them that USCIS has accepted the TPS application.
•Access “My Cases Status” online and register to receive alerts through text messages or e-mails. Registered users may now elect to receive messages in English or Spanish.
USCIS reminds applicants that the most common reasons for rejection are:

•The application was not filed with the correct fees or a properly documented fee waiver request.
•The application was missing critical biographical information.
•The applicant did not sign one or more of the required forms (Forms I-821 and I-765).
•The application was filed using an incorrect version of the form. Check the lower right hand corner of the first page of the form instructions for the edition date. The Form I-821 must be dated Oct. 17, 2007 or later, and the Form I-765 must be dated Oct. 16, 2008 or later. If the edition dates are earlier, the forms will not be accepted by USCIS. The correct form versions are free and available online at USCIS’s Forms Web page.

Applicants who do not have Internet access may call the USCIS Forms line at 1-800-870-3676.
Further details on the extension of TPS for El Salvador, including the application requirements, fees and procedures, are available at www.uscis.gov on the TPS page and in the Federal Register Notice. For additional information, applicants may also contact USCIS at 1-800-375-5283

USCIS
Last updated:08/13/2010

New USCIS.gov Features Improve Customer Service

New USCIS.gov Features Improve Customer Service

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announces today the launch of new web features designed to expand users’ access to their case information. As part of USCIS’s commitment to improve customer service, these enhancements include a new online inquiry tool and tailored case status information, as well as new features for Spanish-speaking customers available at USCIS.gov/espanol.

"We are committed to improving access to case status information and enhancing customer service through these innovative online features," said USCIS Director Alejandro Mayorkas. "Expanding services to our Spanish-speaking customers is in response to public feedback and our desire to meet the needs of those we serve."

Customers will now be able to submit an electronic inquiry directly to a USCIS Field Office or Service Center to request case status information if their Application to Replace Permanent Resident Card (Form I-90) or Application for Naturalization (Form N-400) is outside the posted processing times. This electronic inquiry system should reduce the need for customers to make InfoPass appointments to speak with USCIS representatives in person. Additionally, once the electronic inquiry is received, USCIS now commits to a 15-day customer response, reduced from the previous commitment to respond within 30 days.

Customers can now elect to receive e-mail updates about their case status in Spanish. They may also change their address online in Spanish. These expanded online options will enable USCIS to better interact with the Spanish-speaking segment of the public that it serves.

USCIS continues to advance its customer service enhancements through improved and expanded online services. Last summer, at the direction of President Obama, USCIS completely redesigned USCIS.gov, incorporating both internal and external stakeholder feedback. The redesign of USCIS.gov included the creation of the agency’s first ever Spanish language website.

USCIS strives to be at the forefront of providing improved customer service through one of the most visited websites in the federal government. For more information on USCIS and its programs, visit www.uscis.gov.

13 indicted for selling counterfeit documents at Houston flea markets

13 indicted for selling counterfeit documents at Houston flea markets

HOUSTON - Thirteen individuals were charged by indictment on Monday for allegedly conspiring to possess or obtain counterfeit identity documents. The indictments were announced by U. S. Attorney José Angel Moreno, Southern District of Texas, and Michael Fienberg, the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) acting special agent in charge.

"The sale of counterfeit identification documents is a matter of national security," said U. S. Attorney José Angel Moreno. "These types of enforcements actions are necessary to secure our borders and protect our citizens."
Two indictments charging a total of 20 persons returned under seal by a Houston grand jury on July 22 resulted from an 18-month investigation dubbed "Operation Fake I. D.," conducted by the ICE-HSI-led Document and Benefit Fraud Task Force (DBFTF), which includes special agents from the Department of State Diplomatic Security Service and officers of the Houston Police Department. "Operation Fake I. D." focused its investigative efforts on individuals allegedly involved in trafficking counterfeit government identity documents, including U.S. permanent resident cards, at the Sunny, La Tia Pancha and Cintas flea markets in north Houston.

Warrants issued following the return of the indictments were executed by investigating agents beginning July 23 through the weekend, including arrests July 24 at the Sunny, La Tia Pancha and Cintas flea markets. So far, 13 defendants have been arrested. Warrants remain outstanding for those charged but not yet in custody. All defendants in custody are expected to appear before U. S. Magistrate Judge Mary Milloy July 26 when the issue of bond is expected to be raised. The indictments have been ordered unsealed.

"ICE's HSI-led Document and Benefit Task Force provides a comprehensive approach in targeting criminal organizations and individuals involved in illegally manufacturing and selling fraudulent documents," said Michael Fienberg, acting special agent in charge of ICE-HSI in Houston. "HSI and its agency partners are committed to stopping this threat that undermines our nation's security."

The first of the two indictments charges a total of 17 defendants. All 17 are accused of being involved in a conspiracy to solicit customers at the various flea markets in north Houston to purchase counterfeit U.S. permanent resident cards and other identifying documents beginning in or about February 2009 through June 2010. The customers were allegedly photographed and asked to provide other information necessary to complete the counterfeit immigrant and non-immigrant government documents. Once the photograph and information was obtained, the information was communicated via telephone, text messaging or courier to other co-conspirators operating a counterfeit government document production mill which produced the counterfeit documents which were then sold to customers. A conviction for this conspiracy charge carries a maximum punishment of five years imprisonment and a $250,000 fine.

The remaining nine counts of the indictment charges individual defendants separately for alleged specific instances of fraud and misuse of visas - knowingly possessing a forged, counterfeited, altered or falsely made form I-551 or U.S. Permanent Resident card - between July 26, 2009 through July 10, 2010. A conviction for any one of these offenses carries a maximum punishment of 10 years imprisonment and a $250,000 fine.

Two defendants charged in the second indictment and charged in all three counts - conspiracy to solicit customers at the various flea markets in north Houston to purchase counterfeit U.S. Permanent Resident cards and other identifying documents beginning in or about January 2009 through July 2010 and two substantive counts for alleged specific instances of fraud and misusing visas in April and July 2010 - were also arrested on July 24. Both defendants face the same statutory penalties as the defendants in the first indictment upon conviction and are also in federal custody pending a detention hearing.

The defendants charged in the 10 count indictment are ("*" denotes in federal custody): Name, Age, Nationality (LNU = "last name unknown")

•Israel Arroyo-Mora, 37, Mexico "El Tio," true name Salvador Cobos-Lima, 59,
•Mexico Valentin Romero-Cortez, aka "Carlos," 50, Mexico
•Claudia Perez-Luna aka Claudia Del Villar, 53, Mexico
•Juan Carlos Morales-Garcia, aka "Toto," 38, Mexico
•Erika Cortez-Lopez, 35, Mexico
•Leonardo LNU
•"Gordo," true name Dagoberto Cacares, 33, Honduras
•"Baina," true name Carlos Joel Rosario-Solis, 21, Dominican Republic
•Raul Martin Puga, 41, Mexico
•Zeferino Romero-Cortez, 35, Mexico
•FLU LNU (star tattoos on elbows), true name
•Valentin Leonardo Romero-Cortez, 29, Mexico
•Jairo Bravo Luna, 23, U. S. citizen
•Suzanne Marie Ortegon, 23, U. S. citizen
•Cesar Llaguno-Romero, 23, Mexico
•Eulalio David Velazquez-Garduno, 23, Mexico
•Rodolfo Heredia Monroy, 34, Mexico

The defendants named and charged in the second indictment are:

•David LNU (1), true name Oscar David Cervantes-Munoz, 26, Mexico
•David LNU (2), true name Plutarco Cervantes-Munoz, 33, Mexico
•David LNU (3).