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NACHMAN & ASSOCIATES, P.C. CONTINUES TO ENHANCE GLOBAL MOBILITY: "Ae" FEW WORDS FROM OUR FIRM'S CANADIAN DIVISION.
Canada...An
Appealing Immigration Destination.
As we continue our efforts to expand our
Firm's services to our clients as Global
Mobility Specialists, the Canadian Division
of Nachman & Associates, P.C., has recently
seen a notable increase in Canadian
immigration inquiries. Our clients give the
following reasons: "The U.S. has tightened
its borders and
immigration laws," "Canada is doing so well
economically," "the cultural diversity of
Canada is growing," etc. Truth be told,
Canada can offer a viable alternative to U.S.
immigration. In fact, if someone is on a
temporary visa in the U.S., for example an
H-1B, why not have a back-up plan lined-up?
There is nothing to prevent the processing
of a Canadian immigration application while
on a U.S. visa. In other words, both avenues
can be done sought at the same time. For all
those applicants who may not get included in
the H-1B cap in 2008, Canada appears to be a
viable
fall-back position.
Click
Here to Read the Full Article.
Refugees hoping to seek protection in
Canada from the U.S. will continue to be
turned back at land borders until the Federal
Court of Appeal decides if the United States
can be deemed a safe place for
asylum-seekers. A Court of Appeals decision
yesterday came a day before a controversial
refugee pact between Canada and the U.S. was
to be overturned in accordance with a
previous order by Canadian Federal Justice
Michael Phelan. The 2004 Safe Third Country
Agreement denies refugees who landed first in
the U.S. the right to file claims in Canada
and vice versa and that Canada and the U.S.
recognize each other as safe places to seek
protection.
Click
Here to Read the Article From the Toronto
Sun.
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Dear Readers:
On March 7th, 2008 Nachman & Associates,
P.C. will be presenting a "FREE" Training
Seminar at Fairleigh Dickinson University
("FDU") in Madison, New Jersey, about Unfair
Immigration-related Employment Practices,
IMAGE, E-Verify, Social Security Mismatches
and the new regulations increasing the
penalties for employers. Speakers will be
from our firm, the OSC, EEOC, ICE and CIS. To
register for this event, please e-mail us at
info@visaserve.com.
We still have a few spaces available. We are
pleased to announce that the event is being
co-sponsored by the FDU Paralegal Studies
Program, the U.S. Department of Justice, the
Morristown Neighborhood House and CIANJ. The
event will afford attendees the opportunity
to learn about cutting-edge issues directly
from the government officers responsible for
administering the programs.
We continue to assist our clients to
prepare for the H-1B deadline. As previously
reported, H-1B nonimmigrant visas for
professional and specialty occupation workers
(unless cap exempt) for FY '08-'09 must be
filed with CIS on April 1st 2008. This week,
Mr. Nachman spoke at the 8th Annual
Immigration Conference sponsored by NJICLE at
Seton Hall Law School. Other Panelists were
representatives of CIS, CBP, DOL and DOS. A
Representative of the CIS Vermont Service
Center reported that a new regulation will be
promulgated prior to April 1st that will
address multiple H-1B filings. Stay tuned as
this burgeoning information will be reported
to our readership when it becomes public. For
questions about H-1B nonimmigrant visa
processing, please feel free to e-mail us at
info@visaserve.com.
On the campaign trail, onlookers become
more and more confused on a daily basis. Not
a day goes by without clients asking: "Which
candidate would be best for immigration in
the U.S.?" Many politicians do not consider
"immigration" to be a
critical issue because it does not impact
individuals who vote. Politicians should not
be deceived. Our
office receives a tremendous number of
calls/e-mails/letters from friends,
relatives, employers and colleagues of
foreign laborers in the U.S. (all voters).
Any candidate that ignores the immigration
issue and fails to demonstrate a desire to
"take the bull by the horns" may be committing
political suicide.
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| EMPLOYERS BREAKING THE LAW WILL HAVE TO PAY UP: DHS and DOJ Final Rules Raise Civil Monetary Penalties for Employers for Immigration Violations. |
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On February 26th, the U.S. Department of
Homeland Security ("DHS") and the U.S.
Department of Justice ("DOJ") published a
Final Rule adjusting civil monetary penalties
assessed or enforced by those two Departments
under sections 274A, 274B, and 274C of the
INA. The new rule shall be effective on March
27, 2008.
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To Read the DOJ Press Release, Click Here . . . |
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| A SEASONAL WORKER SETBACK?: A Blow to Temporary Agricultural Workers in H-2A Status. |
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The U.S. Department of Labor ("DOL") is
proposing to amend its regulations regarding
the certification of temporary employment of
nonimmigrant workers employed in temporary or
seasonal agricultural
employment and the enforcement of the
contractual obligations applicable to
employers of such nonimmigrant workers. This
notice of proposed rulemaking (NPRM or
proposed rule) would re-engineer the process
by which employers may obtain a temporary
labor certification from the DOL to employ a
nonimmigrant worker in H-2A (agricultural
temporary worker) status.
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Click Here to Read the Proposed Rule in the Federal Register . . . |
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| TYSON DOES NOT CHICKEN-OUT: Tyson Foods Beats Immigration RICO Case. |
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Earlier this month, a Federal Court Judge
threw out a long-running lawsuit that accused
Tyson
Foods, Inc., the world's largest meat
producer, of hiring illegal immigrants to
depress wages. Plaintiffs failed to produce
evidence to demonstrate the presence of at
least ten unauthorized employees at any given
Tyson facility, and thus failed to satisfy
their burden of proof under 8 U.S.C. §
1324(a)(3)(A). Plaintiffs failed to
demonstrate Tyson was harboring or concealing
illegal aliens at its facilities. As a
result, the Court GRANT Defendants' motion
for summary judgment, and DISMISS Plaintiffs'
claims with prejudice.
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To Read the Story, Click Here . . . |
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| DON'T GET CAUGHT IN THE WEB: Employers Can Receive Inexpensive Training To Avoid Immigration-related Unfair Employment Practices. |
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Discrimination on the basis of a person's
nationality is different from race or
religious discrimination, although sometimes
there is overlap in the motives or bases for
discrimination. The Federal Civil Rights Acts
prohibit national origin discrimination in
employment, government services, and public
accommodations. An employer violates the law
by refusing to hire Irish people or Chinese
people, for example. Employment rules or
practices that have a disparate impact on one
nationality also may constitute national
origin discrimination. Demoting or firing a
person with a foreign language accent is also
discriminatory.
Whether an employer's requirement that all
employees speak only English is national
origin discrimination has been the focus of
judicial interpretation, sometimes with
seemingly contradictory results.
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Click Here to Read More . . . |
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| BALCA UPDATE: Cases Related to Denial for Lack of Proper Evidence of Ability to Pay Wage, and Employer Rejecting Qualified U.S. Applicants. |
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In Matter of South Valley Drywall,
Inc., BALCA upheld the denial of a pre-PERM
labor certification application, rejecting
employer's argument that ability to pay is an
issue only CIS can determine. BALCA also found
that the employer failed to establish a bona
fide job
opportunity.
Click
Here to read more about this labor
certification case.
In Matter of Houston Music
Institute, BALCA affirmed the CO's denial
of a
pre-PERM labor certification application,
finding that the employer rejected U.S.
applicants who met the minimum requirements
specified for the position on the ETA 750A.
Click
Here to read more about this labor
certification case.
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| STREAMLINING BIOMETRICS: CIS Announces Changes in Biometric Procedures for Adjustment Applicants. |
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A recent CIS Update announced changes in
biometric procedures for I-485 and I-765
applicants. Effective immediately, the CIS
will begin consolidating biometrics
collection when employment-based adjustment
of status applications and employment
authorization requests are filed at the same
time at one of the Service Centers.
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Click Here to Read the CIS Update . . . |
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| NATURALIZATION FAQ'S: CIS Offers FAQs about FBI Name Checks. |
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The CIS recently issued an updated set of
questions and answers related to background
checks for
Naturalization Applications.
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Click Here to Read the Q&A from CIS . . . |
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| ECONOMIC DEVELOPMENT: David Nachman Appointed to Teaneck Economic Development Corporation. |
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David H. Nachman, Esq. was recently appointed
by the Teaneck Township Council to serve as a
Representative of the Teaneck New Jersey
Economic Development Corporation. Mr. Nachman
is the Managing Attorney at Nachman &
Associates, P.C., a leading national business
immigration law firm, with offices located in
Ridgewood, New Jersey, New York, N.Y. and in
Toronto and Montreal, Canada. For the past
five years, Mr. Nachman has been is involved
in the Teaneck Community as a Manager of the
Bistro EN and Lounge ZEN located on DeGraw
Avenue in Teaneck. Having grown up in
Teaneck, Mr. Nachman continues to work
closely with various governmental,
quasi-governmental and non-profit arts
organizations in the Township to bring the
Teaneck Township the continued economic
development and exposure that the Town
deserves.
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