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

Topics: Immigration

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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

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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

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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

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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

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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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WHAT YOU NEED TO KNOW: HOMELAND SECURITY

Topics: Immigration

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Department of Homeland Security Begins Pilot Program The demand for foreign workers continues to skyrocket across many professional industries in the U.S. Visas such as the popular H-1B, quickly meets the maximum quota available on a consistent basis, and the number of applicants each year is growing. According to the U.S. Citizenship and Immigration Services (USCIS), the Known Employer program entered the pilot stage to determine its potential for success. The program was designed to streamline the process for employers wanting to hire foreign workers. As the competition continues in the science and technological fields, this streamlining is an important step to make sure that the U.S. stays ahead of innovation and meets the demand of businesses within its borders. Process Modification Upon designing the federally recommended program, the Department of Homeland Security (DHS) altered the policies already set in place by the immigration and citizenship control offices. The policy changes should reduce the amount of paperwork and processing required to approve or deny hiring requests. Under the old rules, excessive costs and delays extended the amount of time it took to review employers interested in hiring foreign workers. If all goes as expected, the program overhaul should improve both the timing and accuracy of the review process. Several government agencies will work in tandem to make sure the program stays on target and nets the intended benefits. Program Goals In order to reduce processing times and delays, the agencies focused on eliminating the bulk of the paperwork employers need to file. In addition to keeping paperwork processing to a minimum, the associated agencies do not have to organize and store documents, freeing up resources for other tasks. The agencies also focused on improving the review process to ensure consistent and timely results are achieved through efficient practices. Participation Limited To strategically gauge the potential of the program, the pilot stage will initially allow only nine employers to apply for participation. The approved employers will utilize the newly designed web portal to submit and monitor their applications. All other correspondence, including petitions, will go through the same portal to eliminate redundancy in the process. The pilot stage will last twelve months before undergoing a full evaluation by the associated agencies. The preselected employers can participate throughout the entire year without paying any additional fees. If the program is a success, it will likely be expanded to support all employers looking to hire workers operating under immigrant and nonimmigrant visas. Employers denied the chance to hire foreign workers may benefit from having an immigration attorney file the petition paperwork on their behalf. The Law Offices of Scott Warmuth can provide legal representation to these employers and others facing immigration denials or difficulties. Individuals seeking representation can call 888-517-9888 to set up a consultation appointment today.