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Fraud and Abuse, Culprits of H-1B Visa Holders and Employers Who Sponsors Them?

Topics: Immigration

Feature
Since the dot.com boom of the 90’s, the number of H-1B visa workers began to heighten in the U.S.. Particularly in the Information Technology field many skilled American workers have felt ignored and at a disadvantage finding employment. Some feel it is due to an excessive number of immigrant workers in the U.S. on a H-1B visa. The origin of the H-1B visa program was to help U.S. companies recruit highly-skilled foreign nationals only when there was a shortage of qualified workers in the country.

USCIS Making Moves To Deter and Detect

In the article, Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse, it notes that beginning April 3, 2017, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioner and the worksites of H-1B employees. This is in an effort to protect American workers by combating fraud in our employment-based immigration programs. The USCIS has set this mission as a priority. With the new administration well in place now, and such a high attention being put on immigration reform, do you feel fraud and abuse has occurred, or is it as simple as a focus on the field of information technology among certain countries resulting in higher numbers of skilled and educated immigrants? Please share your thoughts with us in the comment section below.
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Approached by Immigration Agents? Know Your Rights!

Topics: Immigration

Feature
We have all heard reports of immigration raids being carried out by ICE and other immigration agents in recent weeks. While ICE agents do have authority to take certain actions to enforce immigration laws, any person present in the United States has constitutional rights which cannot be violated by immigration agents, regardless of whether that person is a citizen, permanent resident, visa holder, or undocumented immigrant. Knowing what those rights are and asserting those rights to ICE agents can be critical to defending the well-being of you and your family. In all cases threatening your residency or rights, you should speak with an experienced immigration attorney as soon as possible to receive the guidance you need.

Government Agents Cannot Detain You Without Reasonable Suspicion

Under the protections of the Fourth Amendment, you cannot be detained by police or ICE without reasonable suspicion that you have committed a crime. Thus, an ICE agent must have “specific and articulable facts” which leads him to think a person is here illegally before detaining you, and your racial identity or nationality is not sufficient for proving reasonable suspicion. If you are stopped by an ICE agent, ask if you are free to leave. If the answer is “yes,” then you should do so. If the answer is “no,” then you should exercise your right to remain silent and to speak with an attorney.

You Have the Right to Remain Silent

You have the right to remain silent under the Fifth Amendment. If you are asked by police or ICE agents about any matter relating to you or another person, you can simply state, “I am exercising my right to remain silent.”

You Have the Right to an Attorney

Along with the right to remain silent, you have the right to an attorney anytime you are being questioned by government agents. If you tell the government agent, “I am exercising my right to be assisted by counsel,” all questioning must cease. Repeat this statement if questioning continues.

You Do Not Have to Let Agents in Your Home Without a Search Warrant (NOT an ICE Warrant)

Recent news stories have talked about ICE agents coming to people’s homes with an ICE warrant. Such a warrant does not give agents permission to enter your home. Government agents can only enter your home if they have a search warrant signed by a judge. Before opening the door and/or allowing agents in, demand to see a search warrant signed by a judge. If they do indeed have a search warrant, it must be signed by a judge, include your address, as well as the area to be searched and the names of anyone targeted by the search. If the agents do not have a warrant, you should say, “I do not consent to your entry.” They may pressure you, but you are well within your rights to continue to refuse to provide consent. If they come in anyway, do not resist, but continue to assert your right to remain silent, your request for an attorney, and your right to withhold consent from them entering. Again, should ICE agents come to your home, you should contact an experienced immigration attorney as soon as possible to protect your rights.

Your Multilingual Defense Team in Southern California

The immigration and criminal defense attorneys at the Law Offices of Scott Warmuth vigorously defend the rights of men and women across Southern California who face legal challenges related to their immigration status. Our multilingual staff and legal team will do everything we can to defend your freedom and your family’s way of life. To get more information on how we can assist in you all immigration and criminal matters, speak to an attorney at the Law Offices of Scott Warmuth today by calling 888-517-9888.
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Immigrants Receive Equal Claim Compensation in California

Topics: Immigration, Personal Injury

Feature
In the latest twist on immigration law in California big changes are happening for personal injury claims. As of January 1, 2017, Assembly Bill No. 2159 ensures that immigrants will not be discriminated against financially during personal injury claims. Prior to this bill’s inception, if an immigrant working in California were to be injured or killed their immigration status would affect their claim in civil actions. This is no longer the case. Learn more about what this means for you.

Personal Injury Claims Go Bust

For the past 30 years, if you were an immigrant working in California and you were injured or killed on the job, your personal injury claim was determined by your citizen status. What this means is you would likely receive far less money in a personal injury claim than US citizens. Say you were to get hurt on the job and you take your claim to civil court. Before AB 2159, you would be reimbursed based on the value of your healthcare in your country of origin. As you can imagine there is a huge discrepancy here.

Proof in the Pudding

Take this example: If you were originally from Guatemala you would be awarded an amount for your medical expenses based on the amount that these procedures would cost in Guatemala. As a result, you would be paid far less money for care and treatment that you are going to receive here in the United States.
Rather than getting enough money to cover your medical expenses here in the United States, you are given enough money to cover your expenses in your country of origin — even though you are getting treated here in the United States.
This is the big issue here. Immigrants who are working and living in the United States legally should be and are provided with protections at the workplace. Part of this is reflected in personal injury suits, such as those presented by OSHA (Occupational Safety and Health Administration). So, if you have legal status as an immigrant you should not receive less money if you are injured or killed while working for a US employer. Fortunately this bill reflects this belief. If you have received less than you should for medical expenses in a personal injury claim because of your immigration status, we want to help you. Give us a call at the Law Offices of Scott Warmuth to learn more or to schedule a consultation.
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How California’s TRUTH Act Protects People Facing Deportation as Illegal Immigrants

Topics: Immigration, Personal Injury

Feature
Out of all the states in the country, California moved first to implement a new law, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, that would help protect people who are accused of entering the United States illegally. Certainly, the topic of undocumented immigration has generated a lot of controversy all over the country. While some people worry that too many illegal immigrants slip into the United States, it's also important to protect people who may have only been accused of entering the country illegally.

How Does California's TRUTH Act Protect Those Accused of Undocumented Immigration?

The governor signed this bill into law late in September. According to Governor Jerry Brown, this measure would help the state adhere to the principles of due process and legal transparency. Most often, this new law has been referred to as The TRUTH Act. These are the significant aspects of the new rules: Officials must advise people facing deportation proceedings that they have the right to consult an attorney before federal authorities may interview them.
  • Police have to give the defendant's lawyer or advocate any information that they supply to immigration enforcement.
  • Officers who detain these immigrants must also advise them that they are not compelled to speak with immigration authorities.
  • Each year, there has to be a public forum to inform the public about the local police's role in the enforcement of immigration laws.
Besides California, some other states and local jurisdictions have similar policies; however, California is the only state that has signed these protections into law.

Why Is Access to Legal Representation Important for People Facing Deportation?

The American Immigration Council conducted a study of over one million deportation cases. The study found a scarcity of access to legal representation for people facing deportation. In addition, legal representation vastly increased the odds of obtaining a favorable court ruling. Furthermore, represented defendants had a much greater chance of getting released from detention. The Law Offices of Scott Warmuth can provide legal advice and counsel for many different kinds of immigration cases. For more information, call the toll-free number: 888-617-9888.

Immigrants Receive Equal Claim Compensation in California

In the latest twist on immigration law in California big changes are happening for personal injury claims. As of January 1, 2017, Assembly Bill No. 2159 ensures that immigrants will not be discriminated against financially during personal injury claims. Prior to this bill’s inception, if an immigrant working in California were to be injured or killed their immigration status would affect their claim in civil actions. This is no longer the case. Learn more about what this means for you.

Personal Injury Claims Go Bust

For the past 30 years, if you were an immigrant working in California and you were injured or killed on the job, your personal injury claim was determined by your citizen status. What this means is you would likely receive far less money in a personal injury claim than US citizens. Say you were to get hurt on the job and you take your claim to civil court. Before AB 2159, you would be reimbursed based on the value of your healthcare in your country of origin. As you can imagine there is a huge discrepancy here.

Proof in the Pudding

Take this example: If you were originally from Guatemala you would be awarded an amount for your medical expenses based on the amount that these procedures would cost in Guatemala. As a result, you would be paid far less money for care and treatment that you are going to receive here in the United States. Rather than getting enough money to cover your medical expenses here in the United States, you are given enough money to cover your expenses in your country of origin — even though you are getting treated here in the United States. This is the big issue here. Immigrants who are working and living in the United States legally should be and are provided with protections at the workplace. Part of this is reflected in personal injury suits, such as those presented by OSHA (Occupational Safety and Health Administration). So, if you have legal status as an immigrant you should not receive less money if you are injured or killed while working for a US employer. Fortunately this bill reflects this belief. If you have received less than you should for medical expenses in a personal injury claim because of your immigration status, we want to help you. Give us a call at the Law Offices of Scott Warmuth to learn more or to schedule a consultation.
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New Rule in Favor of Foreign Entrepreneurs Entering the U.S.

Topics: Immigration

Feature
New proposed regulations would make it easier for foreign entrepreneurs who want to start businesses in the United States. Many businesses have been created or co-created by foreign students who were here to study in the United States. The problem for these students, though, is that they often find it difficult to determine how to stay in the US after they have completed their education. Due to their visa requirements, many of them have to return to their home countries instead of staying on US soil, and this means all of their education and skills leave the US as well. Meeting the Initial Criteria to Stay The new regulations would allow certain foreign entrepreneurs to stay in the US, but there would be strict criteria they would have to meet. For the first two years, they would need to show that they have created a startup company in the preceding three-year period, and that startup had significant growth potential. Additionally, $345,000 or more must have been secured from investors or $100,000 in grants from the government. The entrepreneur would have to be active in the company, and would need to have an ownership interest of at least 15%. Staying On After the First Two Years To remain for another three years, the foreign entrepreneur must show that the startup has operated lawfully for the previous two years, and that they still have at least a 10% interest in the ownership of the company. Another $500,000 in funding must also have been secured from investors or through grants, and annual revenue has to be at least $500,000 as well. There can be three co-founders for a startup, and the company must have created at least 10 jobs for workers in the US. Spouses and children could also come to the US under this system, and spouses would be allowed to work. This has the potential to allow foreign entrepreneurs to create many more companies and jobs in the United States. Immigration can feel like a challenging issue, but it does not have to be that way for everyone. To find out more about immigration issues, contact The Law Offices of Scott Warmuth at 1-888-517-9888. With the right legal advocate on your side, you can get your immigration questions answered. It can also be easier to attain the correct immigration status and move toward entrepreneurship or other life goals. By talking to an immigration attorney, you have the opportunity for the best outcome in your particular case and situation. Source http://www.bna.com/draft-immigration-rule-n73014446939/  
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Visa Lottery 2018 is NOW OPEN – What you Need to Know!

Topics: Immigration

Feature
Each year, the Department of State provides a visa lottery for a chance to obtain a green card to the U.S., to “diversity immigrants” from countries with historically low rates of immigration to the United States. Can I still apply if I was not born in a qualifying country? For the 2018 visa lottery, people from the following countries are ‘not eligible’ to apply, because more than 50,000 natives of these countries immigrated to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. BUT - There are two EXCEPTIONS in which you still might be eligible to apply.
  • First, if your derivative spouse was born in an eligible country, you may claim eligibility as to that country. As your eligibility is based on your spouse, you will only be issued an immigrant visa if your spouse is also eligible for and issued an immigrant visa. Both of you must enter the United States together using your DVs.
  • Similarly, your minor dependent child can be “charged” to a parent’s country of birth. Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth.
What is the other requirement, if I am from an eligible country? Each DV applicant must meet the education/work experience requirement of the DV program by having either:
  • at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education;
OR
  • two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform
When is the application period and deadline? Applicants must submit entries for the DV-2018 program electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2016, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 7, 2016. ONLY ONE ENTRY PER PERSON, OR YOU WILL BE DISQUALIFIED. How can I apply? People can apply online at: dvlottery.state.gov. Registering and being chosen is only the first step.  You must still be eligible for a green card in order to enter the U.S. or adjust your status. Call our immigration attorneys today for more information and to learn about exceptions if you are unsure whether you qualify. Free consultations: 1-888-517-9888.
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The A-B-C’s of Criminal Defense Strategies

Topics: Criminal Defense

Feature
Being accused of a criminal offense can be life-altering. If you end up being charged for the offense, your life could be permanently changed with the potential to face years in prison. Fortunately, there are several effective criminal defense strategies that have been proven time and time again. These strategies are designed to give you all the legal benefits afforded to you by the United States Justice System and ensure that you are truly "innocent until proven guilty." Here are just a few of the most popular criminal defense strategies: Suppressing evidence in court: While "suppressing evidence" sounds strange, the reality is that this is a common method of improving a defendant's prospects in the courtroom. Suppressing evidence involves the lawful process of disqualifying specific pieces of evidence because they were acquired unlawfully. For example, evidence that was taken in violation of the Fourth Amendment could be inadmissible in court, so long as the criminal defense lawyer moves to suppress the evidence. Creating a truthful story that offers the best chance of a reduced (or eliminated) sentence: Quite often the defendant will take the stand, and then be examined and cross-examined by the defendant's lawyer and the prosecutor. Therefore, it is incredibly important that the defendant and their criminal defense lawyer work together to ensure that every part of the story makes sense. This helps to ensure that the prosecution cannot poke holes in the testimony (thereby creating doubt in the minds of the jury). Even defendants who had absolutely nothing to with what they’ve been accused of can get nervous and say something they didn't mean to say – which is why practicing is extremely important. Utilizing expert witnesses: In many cases, the evidence won't necessarily point directly to the defendant; instead, it will be interpreted by the prosecutor in a way that links it to the defendant. Retaining one or more expert witnesses is an excellent way of bringing into question the validity of those interpretations. Remember, all a criminal defense strategy needs to do is establish enough reasonable doubt that a "not guilty" verdict is reached. If you are not a U.S. citizen, for example, you are undocumented or have a visa or a green card, the consequences of a criminal conviction could be even more harmful for you. That is why it is best to work with a team that has both criminal and immigration experts who can advise you. Retaining a criminal defense attorney who understands the intricacies of the law, and who is also willing to fight in court for you, is essential to any successful criminal defense strategy. We encourage you to contact The Law Offices of Scott Warmuth at 1-888-517-9888 to find out which criminal defense strategy will work best for you.
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您需要了解的内容:国土安全

Topics: Immigration

Feature

国土安全部开始试点计划

美国许多专业行业对外国工人的需求持续猛增。签证(例如广受欢迎的 H-1B)很快就达到了持续可用的最大配额,并且申请人数每年都在增长。 据美国公民及移民服务局(USCIS)称,“已知雇主”计划已进入试点阶段,以确定其成功的潜力。 该计划旨在简化想要雇用外国工人的雇主的流程。 随着科技领域竞争的持续,这种精简是确保美国保持创新领先地位并满足其境内企业需求的重要一步。

工艺修改

在设计联邦政府推荐的计划后,国土安全部 (DHS) 改变了移民和公民控制办公室已经制定的政策。 政策变化应减少批准或拒绝招聘请求所需的文书工作和处理量。

根据旧规则,过高的成本和延误延长了审查有兴趣雇用外国工人的雇主所需的时间。 如果一切按预期进行,计划改革应该会改善审查过程的时间安排和准确性。 多个政府机构将齐心协力,确保该计划保持目标并实现预期效益。

计划目标

为了减少处理时间和延误,这些机构的重点是消除雇主需要提交的大量文书工作。 除了将文书工作处理量降至最低之外,相关机构还不必组织和存储文件,从而为其他任务腾出资源。 这些机构还注重改进审查流程,以确保通过有效的做法取得一致和及时的结果。

参与有限

为了从战略上评估该计划的潜力,试点阶段最初将只允许九家雇主申请参与。 获得批准的雇主将利用新设计的门户网站提交和监控他们的申请。 所有其他信件,包括请愿书,都将通过同一门户,以消除流程中的冗余。

试点阶段将持续十二个月,然后由相关机构进行全面评估。 预选的雇主可以全年参与,无需支付任何额外费用。 如果该计划成功,它可能会扩大到支持所有希望雇用移民和非移民签证工人的雇主。

被拒绝雇用外国工人的雇主可能会受益于让移民律师代表他们提交申请文件。 Scott Warmuth 律师事务所可以为这些雇主和其他面临移民拒绝或困难的人提供法律代理。 寻求代理的个人可以立即致电 888-517-9888 预约咨询。