Withdrawal of PERM Application May Bring Consequences for Employer

July 29, 2012 § Leave a comment

Department of Labor now has new policies for two different situations which involves in the withdrawal of PERM application. This might bring little unfavorable consequences to the employer.

First up, when the audit of the PERM application is under progress employer may be withdrawn, but the audit process will continue. DOL has requested in many audits and now subjected the employer for inspection. Employer might have not conducted advertising and recruitment correctly, so they fear to provide documentation and withdraw the PERM application.

PERM Audit Procedure

Certain PERM application randomly picked for the audit and quality control purposes.

1. If an application is selected for the audit process, the certifying officer shall issue an audit letter. The audit letter will include, what all documents must be submitted by the employer, date by when required documents must be submitted (30 days from the date of audit letter). If the required documents are not submitted with specified dates. Failure to provide the requested documents may exhaust available administrative remedies.

2. If the employer doesn’t submit the required documents under section 656.24 application will be denied. Certifying officer will ask the employer to conduct supervised recruitment under section 656.21 for next year before any other new filing of PERM process.

If a PERM application is selected for audit procedure, the employer cannot claim that application is no longer valid. In some cases employer might have a valid reason in withdrawing the application, such as lack of interest, cost consideration, unavailability of the alien worker and different business strategy. If the reason is not known for the withdrawal of the application or even refuse to cooperate with an audit process, employer shall be penalized.

In other case the Certifying officer can select for the supervised recruitment once selected employer must file all new applications for the same alien under supervised recruitment. Procedure involved in is by mailing PERM application to DOL and leaving the Part “I” in blank.

What if the employer wants to withdraw undergoing Supervised Recruitment?

OFLC/ANPC has the authority in granting employer’s withdrawal request while application is undergoing supervised recruitment. In future application for the same alien worker whose application was withdrawn it has to be filed under supervised recruitment pursuant to 20 CFR 656.21. OFLC/ANPC determines whether all the application for the same job opportunity and application for the same alien worker should be filed under supervised recruitment. Then the employer must use ETA Form 9089, except Section I, Recruitment Information for the same alien worker or for the same job opportunity. The employer must file the above referenced application by mail to the Atlanta National Processing Center at the following address:

U.S. Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

Attention: Supervised Recruitment Certifying Officer

P.O. Box 56625

Atlanta, Georgia 30343

If the application is withdrawn repeatedly from the employer which is undergoing supervised recruitment shall be review carefully and employer may be debarment from the permanent labor certification program for a reasonable period of more than 3 years pursuant to 20 CFR 656.31(f)(1)(v).

Traffic of Undocumented Immigrants Declining

July 21, 2012 § Leave a comment

US Government says people who violate immigration law has declined and have dropped to 40-year low. But the number of suspects for criminal immigration offenses has gone up. Report generated by the U.S. Bureau of Justice Statistics said people understanding about the immigration related issues has steady declined, dropping to 516,992 in 2010 which is lowest in 1972.

“The U.S. economic slump, more economic stability in some Mexican areas, increased U.S. enforcement on the border and in the interior plus the drop in the total fertility rate in Mexico are likely among the reasons for this drop,” said University of Texas sociology professor Nestor P. Rodríguez.

“On the other hand, arrests by federal authorities for immigration offenses is rising, no doubt partly due to greater enforcement efforts,” said Rodríguez, who has spent decades studying Latino migration and the impact of U.S. immigration policies on immigrant communities.

Study says border patrol officers have doubled from 10,819 to 20,558. Marshals Services have arrested criminal immigration offenses has increased from 8,777 in 1994 to 82,438 in 2010.

More than 8 out of 10 deportable aliens 2010 were citizens of Mexico. Many Mexican citizens are serving federal prison term for an immigration offense  increased from 2,074 in 1994 to 17,720 in year 2010.

Former US Immigration Intelligence Chief Behind Bars

July 14, 2012 § Leave a comment

James M. Woosley, 48 former US Federal Immigration Intelligence Director who fraudulently claiming more than $500,000 in fake expense and pay claims was sentenced to 20 months in prison. He was pleaded guilty for stealing more than $ 188,000 through travel vouchers scheme, false time and attendance claims.

ICE Chief

Three of his subordinates – Stephen E. Henderson, 62; Lateisha M. Rollerson, 38; and Ahmed Adil Abdallat, 64 – had previously pleaded guilty in the case. Another Subordinate William J.Korn, 53 also pleaded guilty and is waiting for sentence.

U.S. Attorney Ronald C. Machen Jr. said Woosley “took advantage of the trust he was given by the United States government to carry out a scheme that cost American taxpayers more than a half million dollars.”

“He personally obtained more than $188,000 while also bringing others into the fraud. Now he and four others have been convicted of their crimes, and he will be spending time in prison for this betrayal of his office,” he said in a statement.

After completing his time in prison, Woosley will be placed on three years of supervised release. In addition, as part of his plea agreement, he agreed to forfeiture and restitution of the money he obtained by fraud.

Former Refugees Naturalized to Commemorate World Refugee Day

July 9, 2012 § Leave a comment

To commemorate World Refugee Day, DHS Deputy Secretary Jane Holl Lute administered the Oath of Allegiance to nineteen former refugees during a separate naturalization ceremony at the Department of State (DOS).

Khaled Hosseini, author of the New York Times best-selling novel “The Kite Runner,” and Maria Otero, an undersecretary for the Department of State, were presented “Outstanding American by Choice” by USCIS Director Alejandro Mayorkas and Deputy Secretary Lute for their significant contributions and achievements as naturalized U.S. citizens. Hosseini, a former asylee, and Otero also addressed the new citizens during the event.

Mayorkas, a former refugee himself, congratulated the citizens and spoke about the importance of US refugee resettlement efforts. “Since World War II, more refugees have found permanent homes in the United States than in any other country,” he said. “The 19 former refugees who became new citizens today are testament not only to their own courage and desire for freedom, but to our officers’ dedication to the U.S. government’s humanitarian mission.”

Deputy Secretary of State William J. Burns gave the keynote address. Denis McDonough, deputy national security advisor to the president, gave congratulatory remarks on behalf of the Administration and led the new citizens in the Oath of Allegiance.

The new citizens are from the following countries: Afghanistan, Bosnia and Herzegovina, Ethiopia, Iran, Laos, Pakistan, Sierra Leone, Thailand, and Vietnam. Since 1975, more than 3 million refugees have resettled in the US. Several organizations play a role in the refugee process – USCIS, DHS, DOS, the United Nations High Commissioner for Refugees, and the Department of Health and Human Services, among others. For more information regarding the refugee process, see theRefugee page on the USCIS website.

Requesting Special Accommodations for Disabilities

July 8, 2012 § Leave a comment

The USCIS does not prevent qualified applicants with disabilities from obtaining immigration benefits. USCIS provides modifications and accommodations for people with disabilities, to make sure that they are not left out from the activities of the USCIS, because of their disabilities. Through the modifications, qualified, disabled applicants are provided with an equal opportunity to take part in the programs of the USCIS.

An accommodation is not an exemption from a current procedure of the USCIS. It is only a modification which will allows an applicant with a disability to take part in the USCIS immigration process. However, the applicant must satisfy all the requirements but the way through which the applicant meets the requirement will change. Modifications for all disabilities are not the same, accommodations vary with respect to the disability of the applicant.

The basic aspect of providing an accommodation is to allow the applicant to take part completely in the immigration process. If the applicant is unable to use his hands, he will be allowed to take an oral test. USCIS may provide sign interpreters for people who are hearing-impaired. The USCIS officials may visit an applicant at his home or hospital, if the applicant is unable to travel to the USCIS office. A person who is unable to speak will receive the required accommodation through which he may be able to respond to questions. There will not be any alteration in the fundamental nature of the USCIS immigration program, as a result of providing accommodations.

There are certain rare cases where the accommodation requested by an applicant may require a fundamental alteration or may result in excessive burden to the USCIS. In such cases the Field Office must provide the requested accommodation or an alternative accommodation which will allow the applicant to take part in the procedure.

Making a Request for an Accommodation

It is the responsibility of the applicant with disability, to request an accommodation for a particular program. An accommodation may also be requested by someone who is acting on behalf of the applicant. The applicant or the person who is acting on behalf of the applicant must go to the Application Support Center to make a verbal and a written request. An INFOPASS appointment must be made, for appointments at a local office, after which the applicant or the person acting on behalf of the applicant must make a verbal and a written request for an accommodation well in advance of the scheduled date of appointment.

An accommodation will be provided based on when an accommodation was requested and whether the requested accommodation requires early planning. Certain types of accommodations such as speaking loudly to the applicant who is hearing-impaired and providing extra time for an applicant with arthritis, to write the civics test, may be provided immediately. Accommodations related to arranging a sign language interpreter must be planned in advance. Similarly, scheduling a homebound interview requires advance planning.

Ex- Agent gets 30 month Prison for ties with Drug Cartels

July 1, 2012 § Leave a comment

Jovana Deas was sentenced for 30 months in prison for helping Mexican drug cartels by accessing sensitive information from police databases.  She used to pass on the restricted crime and immigration information ti her former brother-in-law, Miguel Angel Mendoza Estrada who associates the ties with Brazilian drug traffickers. She also was charged with obstruction and lying to investigators.

“I ask my family to forgive me. I’m sorry for what I did. It was a horrible mistake. I feel like I betrayed my country and my agency,” a sobbing Deas told a federal court in Tucson before U.S. District Judge Cindy K. Jorgenson handed down her sentence.

“I’m asking for your mercy your honor, so I can go back to my family.”

Deas career started in year 2003 with federal government and she was assigned Nogales port of entry as U.S. Customs and Border Protection inspector.

Between October 2004 and May of this year, 138 U.S. Customs and Border Protection officers and Border Patrol agents were arrested or indicted for corruption, including drug and illegal immigrant smuggling, money laundering and conspiracy, according to the U.S. Department of Homeland Security. Investigations by ICE’s Office of Professional Responsibility last year resulted in the arrest of 16 ICE and U.S. Customs and Border protection employees.

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