Today Immigration and Customs Enforcement agents executed a criminal search warrant at a popular Pacific Beach bakery and restaurant, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. I actually like the place and often get baked goods for the weekend. Recent raids against employers believed to have unauthorized workers have been based on ongoing criminal investigations by ICE. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. I can only wonder why this little place was targeted and investigated. Read the Story here
So what can I advice the Owners of the French Gourmet?
Under IRCA, employers must complete Form I-9, Employment Eligibility and Verification, for all employees hired after November 6, 1986. ICE is authorized to conduct investigations to determine whether employers have knowingly employed unauthorized workers and failed to properly complete, present, or retain the Form I-9 for newly hired employees. An ICE investigation nearly always involve the examination of the employer’s I-9 files, even though the I-9s may not be the target of its investigation. In fact, ICE has recently hired forensic auditors to focus on I-9 enforcement.
To ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:
* The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986;
* Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9;
* A tickler system for I-9s that require reverification;
* I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and
* Regularly scheduled in-house I-9 audits.
Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.
Best Tip for employers:
Personnel should be instructed not to provide any documentation or information to ICE unless there is a warrant issued, and to do so under the supervision of legal counsel. Note that ICE is required to give three-days notice before an I-9 audit, unless it presents a search warrant or subpoena.
]]>Read the shocking story of an Italian visitor, and his 10 day detention at an Immigration Jail for no apparent reason. Click here to Read
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This is my complete experience of becoming a legal permanent resident. I hope it helps those who are going through this confusing time.
My previous legal status was of an undocumented alien. My parents brought me here when I was fourteen. In high school I met my husband and have been married for four years.
My first interview was Friday March 7th 2008, 6:25 am. I arrived in Juarez Tuesday night and the next morning went to my medical examination.
Medical Examination
(Remember not to eat anything before this step, but do take a snack into the clinic for after your blood samples you will be hungry)
Wednesday morning we were at the clinic at 6:00am and waited in line for along time, Around 9 am, I finally was in. the first step inside was to give my information to the ladies in the front desk (this included my interview letter and vaccination record), after that they told me to go to waiting room #4 (all the other female applicants are there too). I sat there until my name was called, when they did called me it was to have blood samples taken out. After blood samples I waited again for three hours until they called me to an inside room, this is where the complete body examination takes place its not to pleasant but everyone is really polite.
After the examination they sent me to another waiting room were they administered the vaccines I needed (important to take your vaccination record, if not they will give you all the vaccines and charge you for each one). Then I waited in line to pay for my examination and vaccines. At the payment booth they handed me a little paper where it said I had to appear at the consulate the next morning (don’t panic if you don’t get one I was told not everyone gets one). That same day around 3pm we picked up my medical results. They gave me a vanilla envelope and a black plastic envelope and was told not to open them. This ended my first step.
Documents pre- examination
(This was because of the little paper I received at the clinic not my interview date)
Thursday morning we were at the consulate at 6am, I brought the little paper and interview letter and all other documents we had. I got inside until 10am by my self, my husband had to wait outside, there was not enough room for everyone. Inside I waited for my name and when I got called onto a window I was asked some questions about my husband and about myself. I handed them my medical exam and passport, and anything else they asked for. I was told to wait again to be called for fingerprints, after fingerprinting they gave me a colored paper that allowed me to get into the consulate the next day. This ended my third day in Juarez.
Interview date
(Remember no to bring cell phones, make up, or anything sharp in the consulate they will make you throw it away)
This was my final process day and again we waited in line for about two hours, when I got in, I handed my colored paper to a person picking them up and waited about three hours to be called. When I was called my interview went well, the agent asked me questions about my husband and about my self. She had all my documents from the day before and she told me I could not receive my visa; but I was eligible for an i-601 waiver. She handed my all my original documents and gave me a paper explaining the waiver process. I was not sad this was what I expected.
Waiver interview
(This interview can be scheduled before hand and the waiver packet can also be prepared once you know your first interview date)
My appointment was scheduled by my attorney Jacob Sapochnick for April 11th 2008. During this month my waiver packet was completed by Jacob with all the documents we had given him before hand( it is very important to have a good hardship letter from your spouse and supporting evidence). On the day of my appointment that was a Friday I didn’t have to wait in line at all; I just showed at the time of my appointment and I was allowed in directly to pay for my waiver $545. After paying I was sent to another building where I handed in my waiver packet and waited about 4-5 hours to be called again. When I was called other seven people got called with me, as a group they gave us the good news “your waivers have been approved!!!!” we were all extremely happy. They gave us a letter and told us to return to the consulate on Monday morning (be prepared for this sometimes you can return to the consulate that same day but they could also have you return on the next business day).
Visa pick up
(Remember to be early this time you do have to wait in line)
On Monday morning we were in line early, with the paper in hand. Again inside somebody picks up the paper and you wait to be called. When I was called they handed me a vanilla envelope and was told not open it they also gave me back my passport with my visa on it, the outside of the envelope had a sticker that showed the port of entry I needed to go to. My port of entry was Santa Teresa which was very far away out in desert. We got a taxi ( be prepared to pay a lot of money for the taxi if you get a far away entry port, our taxi was $60 each way and yes they do wait for you to bring you back.) At the port of entry you hand over your packet and they fingerprint you. Once this over they stamp your passport and welcome you to the United states of America yeahhh! This is the end of my journey, now I am back at home happy to be with my husband ready to start our new lives.
I know that Juarez is the only consulate in the world that can approve waivers on the same day. I pray for the rest of the consulates in other countries to adopt this method it could spare a lot of suffering to separated families.
Read the Letter from the AG here Download file
]]>Click Here to Read the Approval Letters for Southeast LA Download file
Click here for the LA Film Regional Center Download file
So what is a Regional Center? In 1993, an option was created whereby immigrants may invest $500,000 or more in USCIS-designated "Regional Centers" in a high unemployment area.
In this program, an agent, makes an offer to the USCIS. If the USCIS finds it will benefit a regional economy and shows potential for providing significant indirect employment, the project will be designated a Regional Center. With USCIS approval, the agent forms a limited partnership or corporation. Investors may apply for permanent residency upon making the investment.
Investors in a Regional Center do not have to have day-to-day management responsibility or prove the business employs ten workers. Rather, they may rely on industry job multiplier statistics. A Regional Center means that the USCIS is satisfied with the job creation potential. We can provide you with information about specific Regional Center Investments for you to perform due diligence analysis.
More on EB5 here
]]>The proposed rule will further allow eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year. TN nonimmigrants are not subject to a maximum period of stay and thus may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible. Current regulations require that TN workers seek readmission or apply for an extension of stay each year.
More about TN visas read here
Read our TN visa Book here
]]>A new Bill to save he Nursing Shortage has been introduced as well. It is HR 5924, The key points of the legislation are:
1. Lifting of retrogression for Schedule A workers - Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.
2. 20,000 primary beneficiary quota - While there is no retrogression for Schedule A cases filed before September 30, 2011, Consulates may not approve more than 20,000 primary beneficiary visas in any one year. There is no quota for the immediate family members of such beneficiaries.
3. Expedited Review - The USCIS must review -- and approve or issue an RFE -- on all Schedule A I-140 cases within 30 days of receipt.
4. Grant Fee - All primary beneficiary nursing visas issued under this legislation must pay a fee of $1500. Katrina-effected and HPSA employers do not have to pay the fee.
5. Grant Program - These fees will fund a Grant program. Schools of nursing may draw on this fund based on their student populations. The fees are to be used to attract, train, and retain nursing faculty, purchase educational equipment, expand infrastructure, and attract students.
6. Liberalized US Citizenship for some Health Care workers - Time spent by US Permanent Resident Health acre workers in a developing country will not be held against them in their endeavors to become US citizens.
7. Obligation Attestation - Immigrant visa applicants must attest that they do not owe their country of residence or origin a financial obligation. An obligation is defined as financial assistance that the intending immigrant incurred to defray the costs of education in consideration for a commitment to continue to work in that county.
We welcome the new legislation, the bill will take nurses out of the green card caps until 2011 with a limit of 20,000 principle applicants per year. We will keep you posted with new developments as they become available.
]]>Later this week, I have spoken to a very different group also very much eager to find ways to stay in the US. I have given a workshop to an Hispanic community base organization here in town, helping their members obtain information on becoming Citizens and in many cases becoming legal in the US. The group consisted of hard working undocumented workers and family members, as well as long term Permanent Residents seeking to become Citizens.
We discussed various legal options, but I heard a lot of complaints about the governments treatment of the illegal population. Systematic raids of residential places by ICE, inhuman treatment of detained illegal immigrants, discrimination at work and more.
Just today the Union Tribune covered the poor detention conditions of immigrant detainees at prvate detention facilities in San Diego. In the past year, ICE and its contractors have come under fire for alleged mistreatment of immigrants. In San Diego last year, the American Civil Liberties Union twice sued the agency and CCA.
One lawsuit alleged overcrowding at the Otay Mesa facility, with three detainees housed in cells designed for two. The other alleged inadequate medical care, with detainees complaining of being denied treatment or waiting months for it.
While we are happy the highly skilled immigrants get the best options to stay, the US Immigration system and its officials should change they way they treat illegal immigrants and those that are trying to work with the system
Read the Union Tribune Story here
]]>Click here to download Download file
Another person entering from Germany to join his co workers on a US vacation, was humiliated by port of entry officers, accused of being a potential unauthorized worker and was sent back home with shame. He is now angry and outraged at our government and immigration system.
Here is a funny YOU-TUBE video to reflect on the above...
]]>The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States."
The employer must describe the elements of the case to the USCIS on a petition format letter. This first posting in the series about the H1B process contains a sample of such letter. Click below
Re: H-1B1 Nonimmigrant Specialty Occupation for on behalf of [Employee]
Dear Sir or Madam:
We are writing this letter in support of H-1B1 nonimmigrant classification on behalf of [Mr./Ms.] [Employee] in the specialty occupation of [job title]. On this basis, we provide you with details regarding our business operations, the proposed employment, and confirmation of [Employee]’s nationality and professional qualifications.
PETITIONING ORGANIZATION
[Brief statement regarding the petitioning employer, including company background, date of formation, business/industry, number of employees, and annual revenues.]
POSITION
We currently wish to employ [Employee] as a [job title] in our [City, State] office. As a professional in [field], [he/she] will be responsible for [detailed description of job duties, including knowledge/skills utilized].
The position of [job title] requires a theoretical and practical application of specialized knowledge. [Employee] will be required to perform [State duties of offered position with emphasis on duties that require application and use of academic/professional skills gained through a bachelor’s degree or equivalent]. The offered position requires the application of knowledge gained through completion of a bachelor’s degree in [academic field(s)], or a closely related field, or the equivalent.
BENEFICIARY
[Mr./Ms.] [Employee] is a citizen of _________. [His/Her] academic/professional qualifications make [him/her] an ideal candidate for the offered position of [job title]. In [month/year], [he/she] received a [degree and field of study] from [name of college/university], where [he/she] completed coursework in [please list relevant coursework], among others. [His/Her] education has been evaluated by [an education evaluation service] to be the equivalent of a U.S. bachelor’s degree in [academic field]. A copy of the evaluation is included as a part of this petition (if foreign degree).
In addition to these academic accomplishments, [Employee] also possesses professional experience. [Describe prior work experience, if any.]
CONCLUSION
We believe that [Employee]’s academic achievements and [his/her] professional experience will qualify [him/her] to serve as a [job title] with our organization. In return for [his/her] services, [Employee] will receive a base salary of $_____ per year.
Based on the foregoing, we submit that [Employee] is eligible for H-1B1 classification, and we, therefore, seek your favorable decision and approval of our request.
Thank you for your consideration.
Sincerely,
[Name]
[Title of Company Representative]
]]>Currently TN visa applicants must apply every year for renewals, either from inside the US or appear at the Border, for Canadian applicants. Mexican Nationals must still apply at the US Embassy in Mexico. We welcome the new proposed rule and hope that this will pass.
More on the proposed rule click here
Read our TN Visa Guide here
]]>I suggest applicants take a blank I-693 form with them to the exam to make sure the Doctor has the new forms in hand. Click here to download the new forms
]]>Why the delay? Last July, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year, USCIS received 1.4 million naturalization applications, almost double the normal annual volume.
USCIS is hiring and training hundreds of additional immigration officers to adjudicate these cases. The agency is also conducting naturalization interviews on weekends, after normal business hours and in additional locations.