beautifulMind
08-24 12:40 PM
Fragomen Client Alert (08/06/09) - USCIS Expands Employer Site Visit Program (http://www.worldwideerc.org/Resources/Immigration/Documents/fragomen-20090806.html)
August 6, 2009
USCIS Expands Employer Site Visit Program __________________________________________________ _______
Executive Summary
U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.
U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.
Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
immigration programs.
Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.
During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.
Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.
Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP
Fragomen Immigration Alerts
August 6, 2009
USCIS Expands Employer Site Visit Program __________________________________________________ _______
Executive Summary
U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.
U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.
Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
immigration programs.
Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.
During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.
Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.
Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP
Fragomen Immigration Alerts
wallpaper News. 2011 Morgan Threewheeler
actonwang
06-16 02:05 PM
it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(
langagadu
12-13 07:48 PM
I am not clear about the problem but it may be possible they messed up the xerox copies they sent you with some one else? I would suggest to check that first.
2011 Morgan Three Wheeler Angle
chillfakter
02-11 04:15 PM
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
more...
newlife2
09-20 12:12 AM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
calaway42
10-04 12:42 AM
lol .. uh-oh.. I think i did something wrong..
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
more...
mirchiseth
05-11 08:58 PM
Amit's call starts at 13:00 minute of the program if you want to skip and listen directly to his message.
2010 Posts Related to Morgan Motor
simple1
05-11 01:49 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
more...
damialok
03-26 01:48 PM
Vancouver takes around 4 business days to give your passport with Visa stamped on it. My cousin went in 2 weeks back and he had to extend his stay for 4 more days. So plan ahead.
Actually they say it might even take 5 days too but thats unlikely.
Actually they say it might even take 5 days too but thats unlikely.
hair Morgan 3-Wheeler (Finished)
WeShallOvercome
07-23 04:11 PM
No responses :(
Can someone tell exactly how an FP notice looks?
Can someone tell exactly how an FP notice looks?
more...
sledge_hammer
04-21 02:14 PM
Go to the one in Sterling/Ashburn...
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
hot previous morgan 3 wheeler
Raju
07-05 06:20 AM
Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.
Senthil1,
You are wrong. I-485 approval is based on the combination of PD and RD. When a PD is current for an application then they look at RD. So if the dates retrogress after applying then the apps will sit on the shelves till the PD becomes current. You are stupid to think that just because a few people cannot apply, no one should be allowed to apply. There is a reason why they have to wait and you will find this kind of people all the time.
should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.
Senthil1,
You are wrong. I-485 approval is based on the combination of PD and RD. When a PD is current for an application then they look at RD. So if the dates retrogress after applying then the apps will sit on the shelves till the PD becomes current. You are stupid to think that just because a few people cannot apply, no one should be allowed to apply. There is a reason why they have to wait and you will find this kind of people all the time.
more...
house THE NEW MORGAN 3 WHEELER: POD
smbaps
08-10 04:54 PM
how did you apply on june.The dates were not current as per May visa bulletin.This is strange man......
tattoo New Morgan EvaGT for 2012
manderson
05-24 01:08 PM
we need to be on front page of CNN, FOX, MSNBC etc. if we want to make a difference.
By the way , i did send several emails to CNN. But looks like we are gonna have to wait till someone covers us in media.
just make sure it's not Lou Dobbs!
By the way , i did send several emails to CNN. But looks like we are gonna have to wait till someone covers us in media.
just make sure it's not Lou Dobbs!
more...
pictures The New Morgan 3 Wheeler
atlfp
04-08 01:26 PM
I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
dresses the new Morgan 3 Wheeler:
raj2007
02-18 01:45 AM
All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.
more...
makeup for the new three-wheeler,
bbenhill
07-10 05:12 PM
You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)
the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
girlfriend Design Morgan 3 wheeler
lsuk
07-21 07:17 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
hairstyles Morgan Three Wheeler and to
immi_2006
10-09 10:47 AM
Which document to produce for people on EAD and AP?
bearstory
05-24 12:43 AM
Thank you everyone!
We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?
We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?
anilvt
07-17 12:05 AM
Anyone?
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