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H-1B TRAVEL ALERT: H-1B Admissions at Newark Liberty International Airport.
The American Immigration Lawyers' Association
("AILA"), an organization in which we have
been a member for over 20 years, U.S. Customs
and Border Protection ("CBP") Liaison Committee
received reports that CBP Inspectors at the Newark
Liberty International airport port of entry were
apparently assisting in an investigation involving
certain H-1B nonimmigrants from India and certain H-
1B petitioner companies. The inspectors' questions
focused on which companies the individuals worked
for, how their pay was computed, which organization
paid their salary, their job duties, and what amount
they were paid. In some cases, the individuals were
subjected to expedited removal and visa cancellation.
In addition, a new policy was instituted
at Newark Airport. This policy involves conducting
random checks for returning H-1B, L-1, and other
employment-based visa holders. Based upon the
initial check, if the person's admissibility is
questionable, then he or she will be sent to secondary
inspection for further interview. In some cases, if CBP
discovers discrepancies in previously filed petitions,
then the applicant may be asked to withdraw
his/her application for admission into the U.S. or be
subject to expedited removal.
Individuals with pending I-751 petitions returning
to the United States via the Newark airport port of
entry, who have a I-751 filing receipt documenting that
an I-751 has been properly filed or an ADIT Legal
Permanent Resident stamp, will be sent to secondary
inspection for further interview to verify the validity of
the I-751 Petition. It is unclear if CBP will undertake a
substantive review of the I-751 Petition.
If you, or any of your international employees, plan
to travel through Newark International Airport, and
have any questions about the new procedures, please
feel free to contact our office to discuss any questions
you may have. Alternatively, if you feel you have been
inappropriately treated, please also contact our office
to discuss any concerns.
Please feel free to contact our office for more information . . .
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Dear Readers:
As we recently reported, "H-1B season"
for the 2010-2011 Fiscal Year will begin on
April 1st 2010. This means that H-1B
employers will be able to submit H-1B
nonimmigrant professional and specialty
occupation worker visa petitions requesting
an October 1st 2010 start date. Our offices
continue to remain poised to assist U.S.
employers to prepare and submit these petitions.
Recently, the U.S. Department of Homeland
Security, Citizenship and Immigration Service
("CIS") implemented several important changes
to the H-1B "professional and specialty
occupation" work visa program in the U.S.
The changes have alarmed many H-1B employers.
Some of the changes included redefining the
employer-employee relationship for
third-party worksite placements.
The new guidelines were set forth a
January Memorandum from the Associate
Director of Service Center Operations, Donald
Neufeld (the "Neufeld Memo"). While it may be
the case that the Neufeld Memo targets
consulting companies that place H-1B
visaholders at third-party sites, it appears
that the document may have a significant
impact on U.S. employers who use H-1B
nonimmigrant contract consultants to
supplement their full-time workforce.
The use of contract consultants (such as
H-1B nonimmigrants), especially in an
economic downturn or recession, continues to
be critical to many organizations. For
example, oftentimes, information technologies
projects are of a limited nature and
duration. Organizations find it to be
economically feasible to engage the services
of temporary consultants as opposed to
creating a full-time position.
If inappropriately applied, the guidelines
set forth in the Neufeld Memo can result in
(1) denials of H-1B amendments and
extensions; and (2) denials of entry to the
U.S. of H-1B nonimmigrants who have traveled
internationally; and (3) increased propensity
by CIS for H-1B site visits and H-1B
enforcement actions.
The issues raised in the Neufeld Memo are
of great concern for H-1B employers as well
as H-1B nonimmigrants. The ripple effects of
the Neufeld Memo are still spreading. We will
continue to monitor any new developments as
they surface. For more information about the
H-1B nonimmigrant visa or the Neufeld Memo,
please feel free to contact our offices at
201-670-0006 (X100) or by e-mail at
info@visaserve.com.
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| CIS OFFERS A FREE LUNCH? CIS Offers Free E-Verify Informational Seminars for Federal Contractors. |
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In late-February, CIS invited federal
contractors and
subcontractors affected by the Federal
Acquisition Regulation (FAR) E-Verify clause
to attend a FREE E-Verify informational
seminar in Arlington, Virginia.
Each two-hour seminar included a
demonstration of the E-Verify system,
presentations concerning issues related to
the employment verification process, and
question and answer segments with government
representatives. From time to time, our Firm
works with the CIS to hold informational programs
of this nature. If you, or your staff may be
interested, please contact our office at
201-670-0006 (x100).
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For More Information about the Programs, Click Here . . . |
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| HAITI ISSUES REVISITED: Q&A For Adoptive Parents of Paroled Haitian Orphans. |
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In light of the devastating earthquakes in
Haiti, the Secretary of the Department of
Homeland Security ("DHS") authorized Haitian
children, who were adopted or were in the
process of being adopted by American families
prior to the earthquake, to be paroled into
the United States. "Category 1" parolees are
Haitian orphans who were already legally
adopted in Haiti. "Category 2" parolees are
certain Haitian orphans whose cases had not
yet resulted in final adoptions.
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Click Here for More Information . . . |
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| NEW CNMI AND GUAM RULES: CIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam. |
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Workers in H-1B and H-2B classifications who
are admitted to perform labor and services in
the Commonwealth of the Northern Mariana
Islands ("CNMI") and Guam are exempt from the
H-1B cap and H-2B cap from November 28, 2009
to December 31, 2014. The Consolidated
Natural Resources Act of 2008 ("CNRA"),
provides a special exemption to the statutory
numerical limitations (or "caps") for
temporary workers in H nonimmigrant
classifications mentioned in Section 214(g)
of the Immigration and
Nationality Act (INA).
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To Read CIS' Q&As, Click Here . . . |
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| NEW DISABILITY WAIVER FORM: CIS Revises Medical Certification for Disability Exceptions Guidelines. |
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CIS announced that the revised form will be
available for review and comment for 60-days,
starting February 1st, 2010, and ending April
2nd, 2010. The revisions clarify the
requirements for the exception and the
basis for preparing a medical certification
for applicants and medical professionals. In
general, the law requires applicants for
naturalization to demonstrate that they can
communicate in basic English and that they
understand United States history and
government. However, an applicant who is
unable to comply with one or both of those
requirements because of a "medically
determinable physical or developmental
disability or mental impairment" may request
a waiver from either or both of the
requirements. Applicants who claim this
exception must submit a Form N-648
certification, completed by a medical
professional, with their naturalization
application to CIS.
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Click Here to Read More . . . |
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| HAITI TPS: Temporary Protected Status for Haiti - Q&As. |
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DHS Secretary, Janet Napolitano, has determined
that an 18-month designation of Temporary
Protected Status ("TPS") for Haiti is
warranted due to the devastating earthquake
and aftershocks which occurred on January
12th, 2010. As a result of the earthquake,
Haitians who live in the United States are
unable to return safely to their country. DHS
will continue to work with other branches of the
U.S. Government to closely monitor
developments in Haiti to determine the need
for additional action.
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To Read the Q&As, Click Here . . . |
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| NEWCOMERS CLUB: CIS Welcomes 100 New Citizens at New York Historical Society in Honor of Presidents' Day. |
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CIS in New York celebrated Presidents' Day by
welcoming 100 new citizens at a
naturalization ceremony at the New York
Historical Society. On February 16th, CIS
New York District Director Andrea Quarantillo
administered the Oath of Allegiance and
special guest Manhattan Borough President
Scott Stringer delivered the keynote remarks.
New York Historical President and CEO Louise
Mirrer led the Pledge of Allegiance and New
York Historical Society Board Member Pam
Schafler gave welcoming remarks.
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Click Here to Read More . . . |
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| LOBBY DAY IS RAPIDLY APPROACHING: National Day of Action for Immigration Attorneys in Washington D.C. |
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Several Nachman & Associates, P.C. Attorneys
will be in Washington D.C. at the end of
March to Lobby on Capitol Hill for
Comprehensive Immigration Reform ("CIR").
AILA's National Day of Action is a great
opportunity to educate Members of Congress
and their staffs about the problems plaguing
our immigration system so that they can be
more effective in crafting, promoting, and
supporting legislative solutions. Each
National Day of Action participant brings
unique insight and perspective to the
practice and practicalities of immigration
law and each participant adds significant
value to AILA's overarching advocacy
strategy. The event also allows our staff to
form close relationships with Congressional
Staff who can oftentimes provide assistance
if channels of "special" communication have
to be opened with administrative agencies.
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Click Here for More Information about Lobby Day . . . |
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