Tuesday, November 24, 2009

1,000 FORM I-9 AUDITS ANNOUNCED

News Release:
1,000 NEW WORKPLACE AUDITS ANNOUNCED
U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced today the issuance of Notices of Inspection(NOIs) to1,000 employers across the country associated with critical infrastructure . ICE will be auditing their hiring records to determine the compliance with employment eligibility verification laws.

The 1,000 businesses that were served with audit notices this week, were selected as a result of investigative leads and intelligence and because of the nature of the business’ and their connection to public safety.

Audits involve a comprehensive review of Form I-9’s, which employers are required to complete and retain for each individual hired in the U.S. I-9 forms require that employers review and record each individual’s identity and work eligibility and determine the authenticity of the documents supplied by the future employee. Audits may result in civil penalties and lay the groundwork for criminal prosecution for those employers who knowingly violate the law. ICE has identified for I-9 audits as one of the most important tools in building criminal cases and bringing employers into compliance with the law.

STATISTICS SINCE IMPLEMENTATION OF NEW ICE WORKSITE ENFORCEMENT STRATEGY
ON APRIL 30:
45 Businesses and 47 individuals debarred;
0 Businesses and 1 individual was debarred during the same period in 2008
142 Notices of Intent to Fine(NIF) totaling $15,865,181.00;
ICE issued 32 NIF’s for all of 2008, with a total of 2,355,330.00
45 Final orders totaling $798,179.00;
ICE issued 8 final orders in 2008, totaling 196,523.00, during the same time frame in 2008
1,897 cases initiated;
ICE initiated 605 cases for the same time period in 2008
1, 069 Form I-9 inspections;
ICE initiated 503 Form I-9 inspections for all of 2008

In July, ICE issued 654 NOI’s to businesses nationwide in the largest operation of its kind before today.

STATISTICS RESULTING FROM THE 654 AUDITS ANNOUNCED IN JULY:

· ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents
· TO date, 61 NIFs have been issued, resulting in 2,310,255.00 in fines. In addition, 267 cases are currently being considered for NIFs
· ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.

For more information regarding Form I-9's and employer compliance, please visit our website at: www.immigrationisssues.com

Thursday, November 12, 2009

By Aaron Hall, Associate Attorney: I am used to attending interviews with clients at United States Customs and Immigration Services (USCIS). Recently, I got to go to an interview in a different role and it was a very different experience. My wife is from Peru and we were applying to adjust her status so that she could be a permanent resident of the United States. The process started months before with the submission of the I-485 packet to USCIS. We thoroughly documented the packet with photos, emails, letters, bills, and a letter written by us about how we met, fell in love, and got married.
As an immigration attorney, I would say that our case was as simple as they get: no criminal history, no history of immigration violations, and my wife had never been in the United States without status. With the thorough documentation we were submitting, there would not be any issues or problems. Still, as we waited to be interviewed at USCIS regarding our application we both admitted to being a little bit nervous. The officer eventually called our names and we went back to his office to be interviewed. Some of the slight issues and interesting exchanges that came up were as follows:
The officer asked if we had ever spoken about getting an immigration benefit before getting married. From the tone of this question, it seemed that if we answered ‘yes,’ the officer would conclude we had only gotten married for immigration reasons. For us, the truthful answer was that we had discussed the fact that she would file for adjustment of status shortly after we married. This was always going to be the case, particularly because my wife entered the country on a fiancé visa which required us to get married and file for adjustment of status within 90 days of her entry. So yes, we had discussed that she would file to become a permanent resident before we got married. But the way the question was posed made us feel like such an answer would cause problems.
The officer asked if she had changed her last name. My wife happens to have a beautiful last name which she feels is part of her identity. She is keeping her family name and I of course fully support her on that. The officer, seemingly skeptical about why she would not change her name, wanted an explanation for this and seemingly could not believe that she wouldn’t change her name after getting married. The officer asked about my wife’s ‘last entry’ into the United States. My wife speaks English fluently, but she and the officer were misunderstanding each other on this. My wife was thinking that by ‘last entry’, the officer was referring to the last time before ‘this time.’ She explained that she had come in on a different kind of visa. It took several exchanges to clarify that by last entry, he meant ‘this time.’ Once this was clear, my wife told him the date when she entered the United States on a fiancé visa. But the officer, mistakenly looking at a stamp which indicated the expiration of the fiancé visa, was incredulous and asked her about the ‘later entry.’ We were both thrown off guard because we knew that she had not left the country since she entered on the fiancé visa. The officer thought that my wife might be misstating her last entry. Finally, amidst the tense confusion, the officer showed us the stamp he was looking at. I saw that it actually was the expiration of her fiancé status and was not a separate entry. I explained this and he looked at the stamp again and then agreed that her original answer was satisfactory. The officer asked about whether we had exchanged wedding rings. We told him that we have not yet exchanged rings. He was surprised to hear that a married couple could possibly not have exchanged wedding rings. My wife tearfully explained that leaving her country and her family to live in the United States was one of the most difficult things she’s ever done and that her one condition was that we would have a religious wedding ceremony in her country. She explained that she wanted both of our families to be present at that celebration and that to ensure that it was as special as possible, we were waiting to exchange rings at that ceremony.
We went into the USCIS interview knowing that we had a good application, that we had a simple case, and that we had nothing to hide. Still, the USCIS interview was a stressful experience with a number of miscommunications making the experience all the more difficult. The officer was at all times professional and was simply doing his job, but the interview was certainly not a comfortable hour. Afterwards my wife and I were talking about how if it was so stressful for us—with my familiarity with the process, with our thorough application and supporting documents, and with no criminal history or immigration violations, and with her command of the English language—we can only imagine the stress that it must cause for those with less knowledge of English, of the process, or with more complicated legal issues.
My personal experience with the USCIS process just reaffirmed the fact that submitting an application to USCIS and attending an interview can cause great anxiety. As attorneys, we know our role is to limit that anxiety by submitting thoroughly documented applications, preparing clients for the interview by explaining exactly how the process will play out and what types of questions they can expect, and by making sure that we have prepared for any legal issues that may arise in a particular case. Only through this thorough and meticulous preparation can we properly serve our clients and help them through this stressful process.

Wednesday, September 9, 2009

MEDIA ADVISORY

For Immediate Release: September 9, 2009

Contact: Petula McShiras
Office: (303) 321-4287 ext. 215
Cell: (812) 201-5196

Unauthorized Practice of Law rampant in Colorado: Learn how You can avoid becoming a victim of Legal Fraud

WHAT: The Dangers of Notario Fraud presentation is designed especially for those immigrants who are most vulnerable to the exploitation and risks associated with the use of “notarios” or “immigration consultants” who are not authorized to give immigration advice. The presentation will cover what constitutes the practice of law, the difference between a notario publico in Mexico and a notary public in the United States, how immigrants can find licensed attorneys to help them, and how they can file a claim against someone who falsely represented that he or she could give immigration help.

WHEN: Monday, September 21st 2009, 1:00 pm

WHERE: Joseph Law Firm, P.C., 12203 E. Second Ave. Aurora, CO. 80011

WHO: Rocky Mountain Survivors Center, the Colorado Supreme Court Office of Attorney Regulation, and the Colorado Attorney General’s Office, Consumer Fraud Unit will be giving the presentation. Joseph Law Firm, P.C. will be hosting, and any immigrants or immigrant advocates are welcome to attend

WHY: To increase awareness amongst immigrant communities in Colorado about the dangers of using someone unauthorized to practice law in the United States for assistance with their immigration case.

Recently in Colorado, many immigrants have fallen prey to what is often called “notario fraud” or the unauthorized practice of law. These immigrants have lost thousands of dollars, been denied legal status, and faced deportation proceedings all because someone who was not licensed to practice law either gave them bad advice or fraudulently took limited financial resources from them. Immigrants in the Denver community are invited to come hear a presentation put on by the Rocky Mountain Survivors Center on the dangers of notario fraud, how to find competent help, and how to file a claim against someone who has fraudulently represented them.

Tuesday, August 4, 2009

Tax Records' Use in Colorado Illegal-Immigrant Probe Questioned

By Ivan Moreno
GREELEY, Colo. -- Immigrant advocates say they have seen nothing like it: thousands of confidential tax records from an income tax preparer seized by a prosecutor looking for illegal immigrants in this northern Colorado city. For more information, click here.

Wednesday, July 29, 2009

Why are U.S.-allied refugees still branded as 'terrorists?'

WASHINGTON — Almost every day for three years, prison guards at one of Saddam Hussein's most notorious prisons tortured Sami Alkarim.

Now, in a cruel twist of fate, the accomplished Iraqi artist is being treated like a terrorist by the U.S., the country where he sought refuge.

U.S. officials have told him they can't give him permanent residency in Denver because of messenger work he did as a teenager for the same political party that counts the current prime minister of Iraq as a member.

Alkarim's problems have their roots in post-Sept. 11 anti-terrorism laws that the Obama and Bush administrations vowed to fix.

Despite that pledge, the number of people who've been told their requests for refugee status, asylum or green cards won't be processed because of the laws has risen from 5,304 in December to 7,286 in June.

The broad language of the Patriot Act and other laws bars refugees and asylum seekers from living and working in the U.S. if they supported or were members of an armed group in their homelands. They're considered terrorists or supporters of terrorists even if they opposed dictators or helped the U.S. government.

Although Congress has attempted to give the executive branch the power to grant waivers in such cases, the Obama administration, like the Bush administration before it, has yet to set up an efficient way to handle them, refugee advocates say.

"As far as I can tell, the situation has only grown worse," said Thomas Ragland, a former Justice Department lawyer attorney who now represents several immigrants affected by the laws. Ragland's clients include an Iraqi, an Ethiopian, a Nepali, and a Burmese.
Department of Homeland Security officials in charge of reviewing the matter declined a request for an interview.

Matthew Chandler, a DHS spokesman, said the department has granted more than 10,500 waivers to people impacted by the laws, proof that the cases aren't being ignored.
"While the department views this achievement as significant, we also understand that a more efficient authorization process than the one that has been in place would reach even more people," he said.

DHS is working with other agencies, such as the State Department, to come up with a solution that also would weigh U.S. security interests, he said.
Immigrants and their lawyers, however, remain mystified by the government's inability to cut through the red tape to eliminate such problems. Many of the waivers were given to Burmese refugees, while other worthy refugees and asylum seekers are overlooked, advocates said.
"I can't tell how much of this madness is policy and how much of it is just madness," said Anwen Hughes, the senior counsel for Human Rights First's Refugee Protection Program.

Previously, immigrants who were denied a green card after being given asylum were told they wouldn't be deported. Officials said their cases would eventually be resolved.

However, the DHS began recently sending some immigrants letters informing them that the agency intends to revoke their asylum. As a result, they'd be deported.

The cases include immigrants who were granted asylum after fleeing Zimbabwe as members of the Movement for Democratic Change, the main opponent of autocrat Robert Mugabe. In June, President Obama met with the leader of the party, Morgan Tsvangirai, and praised him for his courage.

Some of the most startling stories involve Iraqis — some of whom have worked for the U.S. government under threat of death and now could have even more to fear as U.S. troops are redeployed.

In one recent case, a middle-aged Iraqi mother of two teenagers was deemed a terrorist and barred refuge in the U.S. despite her work for the State Department as an economic development adviser.

Anna, as she is known by her American colleagues, is seen as a supporter of terrorism because of her work for the Patriotic Union of Kurdistan, a mainstream Iraqi political party that the current president of Iraq belongs to. She's no longer active in the party.

Anonymous callers have warned her that they'd take revenge for her work for the U.S. government.

Now, she wonders in a phone call from Iraq punctuated by sirens and static, "What will be my future?"

Army Lt. Col. Dennis Chapman, who worked with her when he was the chief of a military transition team in the Kurdish region of Iraq, said he doesn't understand why the U.S. government would reject someone who's proved to be an ally in need of help.

"It's an absurd finding," he said. "It deprives the word 'terrorism' of any meaning."
Anna, who's being helped by the international law firm Holland & Knight, is appealing the decision. As part of a nonprofit effort, the law firm has helped more than 300 Iraqis affiliated with the U.S. government.

Alkarim, who fled as a refugee to the U.S. in February 2001, can't work or travel, even though his wife and children have already become U.S. citizens.

In 2007, Alkarim sued the U.S. government in an effort to get his green card application moving. Although the Obama administration tried to get the lawsuit dismissed, a federal judge in Denver has allowed it to proceed and could rule soon.

Alkarim's lawyer, Jeff Joseph, agreed to take the case free. Justice Department attorneys, however, have told him if DHS is ordered by the judge to act, they'll likely deny Alkarim's request for permanent residency. The government lawyers suggested that his client might have better luck if he simply dropped the suit.

Recently, Alkarim's artwork was selected to be shown at Italy's Biennial of Florence, which bills itself as one of the largest exhibition of contemporary art in the world.
His abstract expressionist paintings were considered subversive by Saddam Hussein's regime — one of the reasons he was imprisoned.

His artwork will be displayed in December without him, however, because he doesn't have his green card. He said he's also had to turn down invitations to galleries in Switzerland, Dubai, France and London.

"It would be an honor to represent the United States," the 43-year-old said. "But I can't say I'm American."

Thursday, July 2, 2009

USCIS, FBI ELIMINATE NATIONAL NAME CHECK BACKLOG

U.S. Citizenship and Immigration Services (USCIS) announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog."Our close partnership with the FBI has resulted in the accomplishment of this significant achievement with national security as its foundation," said USCIS Acting Deputy Director Michael Aytes. "This continued working relationship will help to ensure that name check processing is accomplished as quickly as possible without compromising security concerns."The final goal of the business plan was to achieve a sustainable performance level by the NNCP of completing 98 percent of name check requests submitted by USCIS within 30 days, and the remaining two percent within 90 days. In the majority of instances, however, the completion of a backlogged FBI name check has resulted in a "no record response." As a result, USCIS has been able to resume normal processing of most cases which most often ends in a final determination of eligibility. Next steps in the adjudication of cases that were previously delayed as a result a pending FBI name check request may now include updating fingerprint results, scheduling interviews, requesting additional evidence and other reviews to determine whether the applicant is eligible for the requested immigration benefit.

To read more about this article, visit www.USCIS.org

KIRBY JOSEPH & JOHN GRIFFIN PUBLISH ARTICLE IN IMMIGRATION & NATIONALITY LAW HANDBOOK

Joseph Law Firm, P.C. Managing Partner Kirby Joseph and Office Manager John Griffin had their article entitled "The Immigration Law Firm Stimulus Package: Diversifying Your Practice and Increasing Law Firm Profitability Through Effective Billing Procedures" published in the 2009-2010 edition of the Immigration & Nationality Law Handbook.

To learn more about Joseph Law Firm, P.C. staff, visit the About Us page on our website: www.ImmigrationIssues.com

JEFF JOSEPH QUOTED IN THE WASHINGTON POST

Jeff Joseph was recently quoted in the Washington Post article "Tax Records' Use in Colorado Illegal-Immigrant Probe Questioned" for his response to the seizure of tax records from a tax preparer in Greeley, Colorado as part of a search for Undocumented Citizens.

To read the article, visit www.washingtonpost.com

JEFF JOSEPH ELECTED TO THE AILA BOARD OF GOVERNORS

In June 2009, Jeff D. Joseph, Esq. was elected to the American Immigration Lawyers Association (AILA) National Board of Governors for a three-year term. AILA is the National Bar Association for Immigration Attorneys and consists of 11,000 members. The Board of Governors is the governing body of the organization and Jeff Joseph is one of 21 elected directors.

JEFF JOSEPH AND KIRBY GAMBLIN JOSEPH SPEAK AT AILA NATIONAL CONFERENCE

Jeff Joseph gave a speech at the 2009 Annual AILA Conference in Las Vegas entitled "Thinking Outside the Bureaucratic Box: Using the Federal Court to Challenge Unlawful AgencyAction." This speech was also published in the AILA Conference Handbook.Kirby Gamblin Joseph also spoke at the 2009 Annual AILA Conference in Las Vegas on Law Practice Management. Her speech was entitled "Its your Business: Managing Success in a Changing World.

JOSEPH LAW FIRM HOSTS SEMINAR FOR HUMAN RESOURCE PROFESSIONALS


Joseph Law Firm, P.C. will host a seminar on Strategic Immigration Planning for Human Resource Professionals on July 17th, 2009 at the Glenmoor Country Club.
This seminar will benefit Human Resource Professionals, Global Talent Managers and Lawyers.
The Seminar will cover topics such as:

Updates for Federal and State Immigration & Employer Compliance
Immigrant Visa Categories and their Limitations
Strategic HR/Immigration Planning to Recruit & Retain Global Talent
For More Information please contact mail@immigrationissues.com

DEPARTMENT OF STATE: LIMITED AVAILABILITY FOR VISAS TO THOSE BORN IN INDIA OR CHINA

Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). EB1 and EB2 Visas for China and India remain in high demand, while EB3 visas for China and India will be unavailable for the rest of the year.

ATTORNEY GENERAL DOES AWAY WITH COMPEAN ORDER

The Attorney General Eric Holder vacated the order issued in Matter of Compean by Attorney General Mukasey, and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings. The order in Matter of Compean limited non-citizen's ability to make claims of ineffective assistance of counsel in immigration proceedings.

USCIS RESUMES PREMIUM PROCESSING SERVICE FOR FORM I-140, Immigrant Petition For Alien Worker

USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker. Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant worker. To read more about this update, visit the USCIS website at: www.USCIS.gov

Wednesday, April 29, 2009

THE CAP HAS NOT BEEN REACHED! USCIS CONTINUES TO ACCEPT H-1B PETITIONS

There are still a number of H1-B Visas available, but you will need to file now!
Contact Joseph Law Firm, P.C. at 303-297-9171 or at www.immigrationissues.com to inquire about the available H1-B visas.

USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master's degree or higher educational exemption cap.

USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

AILA to Host the 4th Annual Immigrant Liberty Awards on June 19th, 2009

The Immigrant Liberty Awards honor the outstanding work of immigrants and their allies in Colorado. The proceeds from this event go to benefit the Rocky Mountain Survivors Center (RMSC) and the Rocky Mountain Immigrant Advocacy Network (RMIAN). The Joseph Family Foundation is proud to be a sponsor of this event.

Click on the following links to view the invitation and registration form:

INVITATION

REGISTRATION FORM

Joseph Law Firm, P.C. Receives Special Recognition from the Colorado Supreme Court


The firm was recognized by the Colorado Supreme Court Pro Bono Service Project. To receive the recognition, Joseph Law Firm, P.C. had to commit to 50 hours of pro bono service for each attorney in the law firm for 2008. This is the second year Joseph Law Firm, P.C. has been recognized for this pro bono service project.

Jeff D. Joseph, Esq. is pictured here with Colorado Supreme Court Justices Alex Martinez, Stephen Bender, Allison Eid and Gregory Hobbs.

DOL ANNOUNCES NEW iCERT PORTAL SYSTEM FOR TEMPORARY AND PERMANENT LABOR CERTIFICATIONS


The Employment and Training Administration (ETA) is announcing a new electronic system for submitting the Labor Condition Application (LCA) and the Application for Permanent Employment Certification.

The Department plans to initially activate the iCERT system for purposes of establishing user accounts and filing the new LCA form (9035E). The system will be located at http://icert.doleta.gov. On and after April 15, 2009, the iCERT portal will be available for the sumission of ETA 9035E (electronic LCA H-1B application). The current electronic LCA system will continue to be available through May 14, 2009. However, effective May 15, 2009, the LCA for the H-1B program will be available for submission only through the iCERT portal system.

The PERM application, FORM ETA 9089, will become available for application submission on September 1, 2009. To allow for an appropriate transition, both systems will be active during the month of September. However, beginning October 1, 2009, PERM applications will be submitted electronically only through iCERT system accounts.

For more information, visit the ETA website for the iCERT Factsheet.

Monday, April 20, 2009

USCIS REMINDS ALL U.S. EMPLOYERS OF REQUIREMENTS TO USE REVISED FORM I-9, EMPLOYMENT ELIGIBILITY VERIFICATION

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect on April 9th, 2009 for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.

The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Employers may no longer use previous versions of the Form I-9. Click Here to View and Download the Revised Form I-9.

The revised list improves the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee's identity and employment authorization and compromises the Form I-9 process.

USCIS also updated the Handbook for Employers - Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9. Employers who do not have computer access can order Forms I-9 by calling our toll-free forms line at 1-800-870-3676. USCIS forms and information on immigration laws, regulations, and procedures can also be requested by calling the National Customer Service Center toll-free at 1-800-375-5283.

For more information about this update, visit the USCIS website at: www.USCIS.gov

OBAMA TO PUSH IMMIGRATION BILL AS ONE PRIORITY


While acknowledging that the recession makes the political battle more difficult, President Obama plans to begin addressing the country's immigration system this year, including looking for a path for illegal immigrants to become legal, a senior administration official said on Wednesday. Mr. Obama will frame the new effort - likely to rouse passions on all sides of the highly divisive issue - as "policy reform that controls immigration and makes it an orderly system," said the official, Cecilia Muñoz, deputy assistant to the president and director of intergovernmental affairs in the White House.

Mr. Obama plans to speak publicly about the issue in May, administration officials said, and over the summer he will convene working groups, including lawmakers from both parties and a range of immigration groups, to begin discussing possible legislation for as early as this fall.

He said then that comprehensive immigration legislation, including a plan to make legal status possible for an estimated 12 million illegal immigrants, would be a priority in his first year in office. Latino voters turned out strongly for Mr. Obama in the election.

To read more about this story visit the New York Times Website at: www.NYTimes.com

USCIS CONTINUES TO ACCEPT H-1B PETITIONS

There are still a number of H1-B Visas available, but you will need to file now!
Contact Joseph Law Firm, P.C. at 303-297-9171 to inquire about the available H1-B visas.


USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master's degree or higher educational exemption cap.

USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

Petitions filed on behalf of current H-1B workers, who have been counted previously against the cap, will not count toward the congressionally mandated FY 2010 H-1B cap.
Therefore, 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.
- Allow current H-1B workers to work concurrently in a second H-1B position.

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

To read more about this update, visit the USCIS website at: www.USCIS.gov

For more information about H-1B Visas, visit the Joseph Law Firm, P.C. website at: www.immigrationissues.com

TSA ANNOUNCES NEW SECURE FLIGHT PROGRAM FOR ALL DOMESTIC FLIGHTS


The Transportation Security Administration (TSA) announced today the implementation of the Secure Flight program, which shifts pre-departure watch list matching responsibilities from individual aircraft operators to TSA and carries out a key recommendation of the 9/11 Commission. To date TSA has assumed the watch list matching responsibility for passengers on domestic commercial flights with four volunteer aircraft operators and will add more carriers in the coming months. "The implementation of Secure Flight is a critical step towards mitigating threats we know exist in our aviation system," said TSA Acting Administrator Gale Rossides. "Secure Flight improves security and protects passenger privacy and civil liberties by ensuring the confidentiality of government watch list matching protocols."

Under Secure Flight, airlines will gather a passenger's full name, date of birth, and gender when making an airline reservation to determine if the passenger is a match to the No Fly or Selectee lists. By providing the additional data elements of gender and date of birth, Secure Flight will more effectively help prevent misidentification of passengers who have similar names to individuals on the watch list.

In addition to addressing misidentification, Secure Flight protects sensitive watch list data and enables officials to address security threats sooner, keeping air travel safer. By implementing one watch list matching system, the program provides a fair and consistent matching process across all airlines.

TSA continues to provide a robust redress process through the Department of Homeland Security's Traveler Redress Inquiry Program (DHS TRIP) (www.dhs.gov/trip), a single portal for travelers to seek redress for adverse screening experiences and resolve possible watch list misidentification issues. Secure Flight uses the results of the redress process in its watch list matching process to prevent future misidentification of passengers who may have a name that's similar to an individual on the watch list.

The second stage of implementation, which is expected to begin in late 2009, will assume the watch list matching function for passengers on international flights from U.S. Customs and Border Protection and international air carriers.

TSA's goal is to vet 100 percent of all domestic commercial flights by early 2010 and 100 percent of all international commercials flights by the end of 2010.

For more information on Secure Flight visit www.tsa.gov.

Wednesday, March 25, 2009

USCIS Announces New Requirements for Hiring H-1B Foreign Workers

Changes Apply to Companies that Receive TARP Funding

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

The new “Employ American Workers Act,” (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

To read more about this change visit the USCIS website at: www.USCIS.org

Tuesday, March 24, 2009

Jeff D. Joseph, Esq. & Kirby Gamblin Joseph, Esq. Named Super Lawyers by Colorado Super Lawyer Magazine for 2009

Colorado Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. To learn more about Mr. Joseph and other lawyers and staff at Joseph Law Firm, P.C. visit our website at: www.immigrationissues.com
U.S. DEPARTMENT OF LABOR PROPOSES TO SUSPEND H-2A RULE

The U.S. Department of Labor’s Employment and Training Administration (ETA) today announced the proposed suspension for nine months of a final rule implementing changes to the H-2A program, which allows U.S. agricultural businesses to employ foreign workers in temporary or seasonal agricultural jobs. The department’s proposed action is open for public comment for 10 days.

The H-2A non immigrant program is designed to provide agricultural businesses with short-term foreign agricultural labor when there are not enough domestic workers. Receiving an H-2A labor certification is the first step in the employment-based immigration process to work on a farm.

The Labor Department's Office of Foreign Labor Certification will continue to accept and process
H-2A applications during the proposed suspension period. Any final action on today's proposed
suspension will appear in a future Federal Register notice. To read more about this story visit the website of the Department of Labor at: www.dol.gov

To learn more about H-2A Visas, Visit the Joseph Law Firm, P.C. Website at:
www.immigrationissues.com
USCIS ANNOUNCES $1.2 MILLION CITIZENSHIP GRANT PROGRAM

Up to 12 Grants Offered to Community-Based Organizations Serving Immigrant Population

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that a
competitive grant program is being offered through Grants.gov for a $1.2 million grant program to support citizenship preparation programs for legal permanent residents. USCIS, through the
competitive grant program, will provide funding to community-based organizations (CBOs) that serve one or more priority immigrant groups in areas of the United States that contain a large
representation of the country’s immigrant population.

To be eligible for funding, CBOs must have demonstrated experience in providing citizenship and/or immigration related services to legal immigrants. If your organization intends to apply for funding under this program, please send an e-mail to citizenshipgrantprogram@dhs.gov by April 15, 2009. To apply for this funding opportunity, visit the Grants.gov Web site at http://www.grants.gov.

For more information, visit the USCIS website at: www.USCIS.gov

Wednesday, February 18, 2009

MILITARY RECRUITMENT PILOT PROGRAM

The Secretary of Defense authorized the military services to recruit certain legal aliens whose skills are considered to be vital to the national interest. Those holding critical skills - physicians, nurses, and certain experts in language with associated cultural backgrounds - would be eligible. To determine its value in enhancing military readiness, the limited pilot program will recruit up to 1,000 people, and will continue for a period of up to 12 months. Read More

ELIGIBILITY
1. The applicant must be in one of the following categories at time of enlistment
a. asylee, refugee, Temporary Protected Status (TPS), or
b. non-immigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V

2. The applicant must have been in valid status in one of those categories for at least two years immediately prior to the enlistment date, but it does not have to be the same category as the one held on the date of enlistment; and

3. An applicant who may be eligible on the basis of a non-immigrant category at time of enlistment (see 1b above) must not have had any single absence from the United States of more than 90 days during the two year period immediately preceding the date of enlistment.

HEALTH CARE PROFESSIONALS
· Applicants must fill medical specialties where the service has a shortfall
· Applicants must meet all qualification criteria required for their medical specialty, and the criteria for foreign-trained DoD medical personnel recruited under other authorities
· Applicants must demonstrate proficiency in English
· Applicants must commit to at least 3 years of active duty, or six years in the Selected Reserve

ENLISTED INDIVIDUALS WITH SPECIAL LANGUAGE SKILLS AND CULTURAL BACKGROUNDS
· Applicants must possess specific language and culture capabilities in a language critical to DoD
· Applicants must demonstrate a language proficiency
· Applicants must meet all existing enlistment eligibility criteria
· Applicants must enlist for at least 4 years of active duty

Languages
· Albanian · Amharic · Arabic · Azerbaijani · Bengali · Burmese · Cambodian-Khmer · Chinese · Czech · Hausa · Hindi · Hungarian · Igbo · Indonesian · Korean · Kurdish · Lao · Malay · Malayalam · Moro · Nepalese
· Persian [Dari & Farsi] · Polish · Punjabi · Pushtu (aka Pashto)
· Russian · Sindhi · Sinhalese · Somali · Swahili · Tamil · Turkish · Turkmen · Urdu · Yoruba

If you have questions regarding these changes or other immigration issues, please contact Joseph Law Firm, P.C.

Monday, February 9, 2009

VIOLATIONS OF FEDERAL IMMIGRATION LAW


BIRMINGHAM, AL - A 38-year-old woman was indicted here yesterday on charges for harboring and employing undocumented persons following a U.S. Immigration and Customs Enforcement (ICE) and Alabaster Police Department Investigation. Beverly Linan, who owned and operated Rodriguez Construction Company with offices in Alabaster, Alabama, was charged in a three-count indictment.

Rodriguez Construction performed masonry work throughout the Jefferson and Shelby County areas. Count one charged Linan with harboring undocumented persons and counts two and three charged her with knowingly employing undocumented persons and a forfeiture to recover profits made from employing undocumented persons respectively. If convicted on all counts, Linan faces a maximum term of imprisonment of 10 years and a fine of $250,000. More on Employer Compliance



ALBANY, NY - A federal grand jury today returned superseding indictments on seven IFCO Systems of North America managers stemming from a U.S. Immigration and Customs Enforcement (ICE) investigation of undocumented immigration and employment-related practices at IFCO's pallet management services plants nationwide. So far in the investigation 16 IFCO managers and employees are facing criminal charges. Of those, nine have already pleaded guilty to a variety of federal criminal immigration charges and the remaining seven have been indicted.

On April 19, 2006, ICE agents, in concert with other federal and state authorities, conducted a work site enforcement action at over 40 IFCO pallet plants in 26 states, which resulted in the detention of 1,182 undocumented persons working at those plants. Last month, the United States reached a record corporate settlement with IFCO, pursuant to which the company agreed to pay $20.7 million dollars in civil forfeitures and penalties over four years. The settlement amount included $2.6 million dollars in back pay and penalties relating to IFCO's overtime violations with respect to 1,700 of its pallet workers. IFCO also agreed to pay $18.1 million in civil forefeitures that will be available to support future law enforcement actitivities. More on Employer Compliance.

FOR MORE INFORMATION VISIT www.ice.gov

Secretary Napolitano Issues Immigration and Border Security Action Directive


U.S. Department of Homeland Security(DHS) Secretary Janet Napolitano announced today a wide-ranging action directive on immigration and border security.

The Directive requires specific department offices and components to work together and with state and local partners to review and assess the plans and policies to address: criminal and fugitive undocumented persons; legal immigration benefit backlogs; southbound gun smuggling; cooperation with the National Guard; widows and widowers of U.S. citizens; immigration detention centers; and electronic employee verification.

CLICK FOR THE FULL ACTION DIRECTIVE

USCIS UPDATE ( FORM I-9)


USCIS DELAYS RULE CHANGING LIST OF DOCUMENTS ACCEPTABLE TO VERIFY EMPLOYMENT ELIGIBILITY

U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled "Documents Acceptable for Employment Eligibility Verification" published in the Federal Register on Dec. 17, 2008. The Rule streamlines the Employment Eligibility Verification (Form I-9) process.

The delay will provide DHS with an opportunity for further consideration of the rule and also allows the public additional time to submit comments. The interim final rule and an informational copy of the revised Form I-9 will continue to be available for public comment at www.regulations.gov.

Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The interim final rule will amend regulations governing the types of acceptable identity and emplyment authorization documents employees may present to their employers for completion of the Form I-9. Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorixation on the Form I-9 The interim final rule is available online at the USCIS website.

Current Form I-9
Revised Form I-9

To read more information about the changes made to the Form I-9, visit the Fact Sheet webpage.

If you have questions regarding these changes or other immigration issues, please contact Joseph Law Firm, P.C.



Thursday, January 8, 2009

Seminar on Working Visa Options for International Artists, Entertainers, Models and Athletes

Joseph Law Firm, P.C. is pleased to announce a half-day seminar on non immigrant visa options for international artists, entertainers, models and athletes. The United States has always prized itself on being a country that celebrates international culture and sports. We draw talent from all over the world to our sporting arenas, theaters and concert venues. For this reason, it is important to understand the challenges involved in the cross-border movement of international artists, entertainers, models and athletes. Download a Brochure!


The seminar will explore the various visa options available to international artists, entertainers, models and athletes and the requirements and challenges with each visa option. The seminar will discuss the evidence tests in each visa option and the ways that immigration attorneys, sports and entertainment attorneys and talent agents can work together to facilitate the travel and work authorization of international talent.


We invite all to join us for this event, please see below for information on how to RSVP.


For more information about Joseph Law Firm, P.C., visit our website!


To register for the seminar visit http://www.immigrationissues.com or call (303) 297-9171