Credit card is very useful in many ways. It’s like an instant cash when having purchases, temporary financial security for unexpected or unplanned financial obligation,More… and since you don’t need to always bring a cash in your pocket, it gives you more security from theft. Read More…

People are becoming geeks in 2019.

Microsoft Labs has just put in the video where we can see the future. Microsoft worked with customers, partners and other visionaries to identify the opportunities offered by the technological innovations and to anticipate the behavioral changes of the individuals.

The best part of this video is that the gadgets all worked in touch screen. Reading the newspaper, drawing, even a simple chitchats interprets and translates into another language.  Read the rest of this entry

If you’re looking for an up-to-date list of iPod prices in the Philippines, you’ve come to the right place.

With the growing popularity of iPods and iPhones in the Philippines, Apple has opened its dedicated online store for the Philippines and along with it, a complete list of prices of all iPods, Macs and Macbooks.

These prices may fluctuate from time to time due to the peso and dollar exchange rates.

Check for the price list here.

The question of where to put or invest your hard-earned money (somewhere that is immune to recession) is always in the mind of every people who want to have a safe place for their wealth. Read more..

I saw the movie Confessions of a Shopaholic with my wife yesterday. Very funny and entertaining. The movie house was filled with college and high school students giggling during the movie. [click here to read more]

By David H. Nachman, Esq.

 

There are three potential “hot spots” for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa. The second area of potential audit concerns the employer’s obligations under the Immigration Reform and Control Act of 1986 (“IRCA”) [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the “I-9 Process”). The third, and one more recent, area of audit surrounds the new Labor Certification Application Program called “Permanent Electronic Review Management” (“PERM”). Each of the foregoing government programs anticipates compliance through “audit”. Even a rudimentary understanding of the complex documentary requirements for each of these programs can help and employer to avoid potential liability. 

 

First, the U.S. Department of Labor (“DOL”) regulations that govern the maintenance of professional and specialty foreign national worker require an organization to develop and produce certain documents concerning the wages and the working conditions of an H-1B nonimmigrant. These documents are referred to as the Public Access File (“PAF”).  The PAF documents are required to be maintained at the H-1B worksite immediately after the employer files the Labor Condition Application (“LCA”) with the DOL. The employer is well-situated to ensure they maintain PAF documents and be sure that they continue to pay the H-1B nonimmigrant the specified wage on the LCA. Under the American Competitiveness and Workplace Improvement Act (“ACWIA”), an H-1B nonimmigrant must be offered the same company benefits as those offered to “similarly situated” non-H-1B employees in the organization.   

 

DOL audits can arise as a result of a complaint by a disgruntled employee or as a result of a randomly conducted investigation. Upon a DOL audit (normally undertaken by the Wage and Hour Division) an employer may be found not to be in compliance with (1) paying the H-1B nonimmigrant the specified wage (which pursuant to the H-1B Reform Act of 2004 became effective on March 8, 2005 must be 100% of the federally mandated prevailing wage); and/or (2) maintaining PAF documents; and/or (3) providing the H-1B nonimmigrant with the same benefits as those provided to all other “similarly situated” non-H-1B employees. Any failure to comply with DOL requirements can result in an employer being liable to pay back wages to an H-1B employee, debarment from the use of the H-1B program and/or other potential civil and/or criminal liabilities. Also, if the employer is a government contractor, the failure to comply may result in the debarment from the government contacts.

 

A second potential audit area for audit and investigation of an employer concerns employment verification and employer sanction law (referred to as the “Immigration Reform and Control Act of 1986” or “IRCA”). As every HR Professional knows, IRCA is an integral aspect of every hire. Under IRCA, every employer is required to properly verify the eligibility of an employee to work in the U.S. on the Form I-9. The I-9 Form is a deceptively simple document.  The I-9 Form is only one page in length but it continues to raise issues about proper preparation and retention.    

Since the U.S. Department of Homeland Security’s (“DHS”) absorption of the Legacy-INS, the Immigration and Customs Enforcement Division (“ICE”) has been charged with worksite inspections and audits of I-9 documents. The “good news” for employers is that the number of I-9 inspections has been on the decline. The “bad news” for employers is that ICE Officers are not inclined to be lenient and educate employers about their responsibilities but are more likely to impose sanctions.

Given the present focus on “security” and “identity” in the workplace, it is likely that ICE Officials will be more active in their investigations in the future. ICE is not required to wait for a specific lead. The investigative authorities of the DHS have implemented a “General Administrative Plan” (the “Plan”). The Plan identifies employers from a national database and it targets specific industries that have developed a reputation for hiring unauthorized workers (e.g., restaurant, meat-packing, commercial cleaning, textile and garment). The Plan also provides for “random” audits. For example, due to national security concerns, great efforts continue to be placed on identifying those individuals who have access to the nation’s “critical infrastructures” such as airports, wastewater facilities, and highways.      

Finally, the third area of interest for employers from an audit perspective is the new PERM process for Labor Certifications Applications (the “Green Card”). After pending for over two (2) years, in December 2004, the PERM regulations became “Final” and on March 28^th, 2005, the old Labor Certification Application process was replaced by PERM. While PERM promises faster green card processing, the application process is much more complex. The DOL seems to be sending a message that it is easier to audit the employer as opposed to processing an Application. 

The new PERM process requires an employer to obtain a Prevailing Wage Determination (the “PWD”) from the State Workforce Agency (the “SWA”) (e.g. The NJDOL, Alien Labor Certification Unit) in the State where the position has been offered. The PWD area of the law is constantly evolving. Once the PWD is obtained, an employer must undertake a rigid “recruitment process”. Recruitment consists of placing a job order with the SWA and placing two (2) Sunday advertisements in an appropriate newspaper. The recruitment process needs to be completed within six (6) months of the filing of the PERM Application. 

 

PERM requires meticulous preparation and a thorough understanding of the Regulations. The PERM process is analogous to the administrative process that surrounds the filing of a U.S. tax return. When the return is filed, the filer makes representations, declarations, and attestations about annual income and expenses. The filer does not submit evidence about annual income and expenses. Such information is only provided if the Internal Revenue Service (“IRS”) sends the filer a notice for an audit. The PERM program is similar. A PERM Application is filed by making attestations on the new DOL Form 9089. The Form 9089 is submitted to the DOL. DOL can either certify the Form without receiving documentation, or DOL can send out an audit letter.

The new PERM Regulations state that the DOL can request an audit of any pending Labor Certification Application for cause or in the DOL’s discretion. In the event that a prospective employer is noticed for an audit, the employer will receive an audit letter that lists the documents that will have to be submitted. The audit letter shall set a date that is thirty (30) days from the date of the letter for submission of the additional documents and shall advise the employer that the Labor Certification Application will be denied if the information is not received in a timely manner. If the employer does not respond, the PERM Labor Certification Application will be denied.

It appears clearly to be the case that immigration-related programs that are undertaken by employers may be subject to either directed and/or random government audits from the DHS and/or the DOL. Failure to adequately comply with government regulations can result in penalties. The employer’s familiarity with the intricacies of the auditing and compliance are likely to save a considerable amount of both time and money.       

David H. Nachman, Esq. is the Managing Attorney at Nachman & Associates, P.C. with offices located in Upper Saddle River, New Jersey, New York City (and having corresponding offices in Ohio, Netherlands Antilles and California). David Nachman received his BS from Georgetown University and his JD from Case Western Reserve University where he also received a Master’s Degree in Business Administration. Nachman & Associates, P.C. provided counsel throughout the U.S. on a full array of immigration law issues. Visit us at www.VISASERVECOM .com.

We all know that “Google” is already synonymous to “search”. Its a tool I use daily that I think I won’t be able to live without. My genuine interest about the company has lead me to read about their story.

Here are 10 things I learned From Google. [Read more...]

No, I’m not talking about those websites where they will ask you to click a few ads just to stare at it for a few minutes. (Isn’t that what happens?)

I’m talking about your own business. A small profitable enterprise where you can use your creativity and skills. A real business that provides a solution for a customer’s problem.

It could be a pure on-line business where you provide only information or certain solutions to clients or a combination of traditional (off-line) and web-based (on-line) business.

I’ve been in business (off-line) for 12 years but I have only started my on-line business since mid 2007. It has been a very rewarding learning experience since I started one. [Read More]

What: FREE Live Webinar

 

Where:   Link Here-Register anytime…

 

https://visaserve.webex.com/mw0305l/mywebex/default.do?siteurl=visaserve&rnd=0.17398043227002624

 

Date: February 26, 2009

 

Time: 12:00pm-1:00pm

 

Topics Discussed:

 

H-1B’s: Practical Advice for Employers

 

Description:

 

This program will provide information for employers regarding H-1B visas including what to do if there are gaps in employment eligibility, extending Employment Authorization Documents under the OPT STEM Program, and alternatives to the H-1B visa.

 

Speaker:

 

Victoria A. Donoghue, Esq., Nachman & Associates, P.C.

 

 

For more information, please contact Nachman & Associates, P.C. at info@visaserve.com or 201-670-0006 ext. 110.

Economic Downturn:  Immigration Issues for Layoffs, Terminations, Mergers, Acquisitions, Restructurings and How These Impact Foreign National Workers.

 

As our economy continues in its downward spiral, company mergers, acquisitions and restructurings (“transactions”) are likely to continue. In general, since a merger, acquisition or restructuring is a “corporate transaction”, the immigration issues often get left in the dust. For this reason, it is important that immigration repercussions that arise from a merger, acquisition or restructuring are considered and that Business Immigration Counsel is brought into the “deal” or arrangement at the appropriate time – earlier rather then later. This is especially the case since Business Immigration Counsel may be able to save money for the parties to the transaction.

 

Immigration regulations closely tie the employer’s identity, location and ownership structure;  any change from the merger/acquisition may immediately invalidate an alien employee’s non-immigrant visa.  The loss of non-immigrant visa validity could immediately affect an employee’s work status in the U.S.  For example, if a transaction is undertaken and the successor party fails to amend the H-1B petition and/or the underlying Labor Condition Application (the “LCA”) then the H-1B nonimmigrant may be out of status. The U.S. Department of Homeland Security, Citizenship and Immigration Service (“CIS”) has made it clear that there is no “grace period” and that once an H-1B non-immigrant is no longer employed with the H-1B sponsor then the individual is deemed to be out-of-status.

 

It is for this very reason that Business Immigration Counsel advise employers who are involved in a transaction to be sure to annotate the Public Access File (“PAF”) prior to the transaction so that the successor organization clearly assumes the liabilities of the H-1B nonimmigrants. This “assumption” can be added to the PAF prior to the closing of the transaction and this way there is no requirement that there be amendments to the H-1B be submitted. However, amendments to H-1Bs may be desired by H-1B employees if they will be traveling outside the U.S.           

 

Depending upon an individual’s progress in the green card process, Immigrant Visa Petitions may also be affected. A determination will need to be made as to whether or not the new company owner would be considered to be a “successor-in-interest”.  If the organization’s new owner has assumed all of the past owner’s liabilities, then the new owner may qualify as a “successor-in-interest”. If the new company is a “successor-in-interest” then the green card process can be continued by the successor organization. Hence, the new employer would continue with the green card process on behalf of the foreign national employee without having to start the green card process/labor certification/PERM from the beginning.

 

The third and one of the most important issues with which a business owner or transferor should be concerned is the Form I-9. A “successor-in-interest” can  assume the I-9 liabilities of the organization. Failure to comply with I-9 requirements may result in serious sanctions. Therefore, before a transaction is undertaken, an examination of the Forms I-9 of the organization should be conducted through either an audit or a review. If the successor organization does not assume the Forms I-9 of the prior organization then new I-9s can be done for each of the organization’s employees. Such Forms I-9 should be prepared for all employees to avoid any allegation of an unfair immigration-related employment practice such as document abuse or discrimination on the basis of citizenship or nationality.  

 

Immigration repercussions should be considered early on in any transaction. Initially, an analysis of the immigration status of all of the organization’s alien employees and a determination of the form of the corporate change on their status should be considered. Following this analysis, filings of any applications necessary to maintain the employees’ status can be appropriately considered.

 

In an ongoing attempt to keep HR professionals up-to-date with business immigration law rules and regulations, our office continues to forge strategic alliances with various professional organizations that are able to obtain and provide important information to their members.

When traditional immigration approaches do not work, our knowledgeable and skilled legal team offers many visa options to meet immigration goals.  Please feel free to contact us at any of our several office locations, and speak to a member of our staff in one of the 15 languages spoken, English, Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Hindi, Tamil, Italian, Russian, Chinese, and German.

 

To meet a growing demand for Canadian Immigration Law Services, Nachman & Associates formed a Canadian Division in 2005. Managed by licensed Canadian legal staff and with offices in Montreal and Toronto, as well as New York and New Jersey, our Canadian Division attorneys are in the unique position to assist with cross-border issues.

 

Nachman & Associates, P.C. is also proud to announce the 2007 formation of a Global Immigration Division to assist clients with immigration services to countries such as the UK, China, New Zealand, Australia, and more. Our Global Division staff is fully equipped to assist with international transfers to and from the United States.  If you, or any member of your staff, are interested in receiving more information about with regard to changes in the corporate structure or in connection with a merger or acquisition or layoff or termination. please contact us at 201-670-0006 (x100) or at info@visaserve.com.  Feel free to visit us on the web at www.visaserve.com.

 

If you have the time to do all the things you need to do just by yourself, then this might not be for you. But if you have the desire or need to free up more time, you also have things in your mind that you think you shouldn’t be doing, then continue reading. [read more]

At last. The long wait is almost over. I’ve always been a Palm fan. Every time there is a new model, I try my best to find an excuse to upgrade and I would do so. (like dropping it on purpose – just kidding)

Here is the list of Palm devices I bought for the last 10 years:
Palm Pilot III
Palm V
Palm M515
Palm Tungsten T3
Palm TX
Palm Treo 600
Palm Treo 650
Palm Treo 680

[Read More...]

USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility

U.S. Citizenship and Immigration Services (USCIS) announced Friday that it has delayed the implementation of an interim final rule entitled “Documents Acceptable for Employment Eligibility Verification” published in the Federal Register on Dec. 17, 2008 by 60 days, until April 3, 2009.  The rule streamlines the Employment Eligibility Verification (Form I-9) process and was originally set to take effect today (February 2, 2009). 

The delay will provide DHS with an opportunity for further consideration of the rule and also allows the public additional time to submit comments. A notice announcing the delay was transmitted today to the Federal Register.  In addition, USCIS has reopened the public comment period for 30 days, until March 4, 2009. The interim final rule will amend regulations governing the types of acceptable identity and employment authorization documents employees may present to their employers for completion of the Form I-9.  Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9. 

The interim final rule and an informational copy of the revised Form I-9 will continue to be available for public comment at www.regulations.gov.

Nachman & Associates, P.C. is a Global Immigration law firm that handles employment verification/I-9 inquiries from employers across the country on a daily basis.  Being a U.S. Department of Justice Grantee, our office is well-qualified to answer these and any questions related to National Origin or Citizenship Status Discrimination, as well as CIS’ E-Verify Program, ICE’s IMAGE Program and the Social Security No-Match Process.  When traditional immigration approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our seven office locations, and speak to an associate in one of our 12 languages spoken, including: Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

 

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our office:

 

Website: http://www.visaserve.com

 

email: info@visaserve.com

 

phone: 201-670-0006 ext. 100

 

 

Power Plants in the Philippines can be categorized according to its nature of ownership and operation; or according to the type of fuel source and technology. Read More…

Does it take money to make money? Many people say that it takes money to make money.

Then there are those who say that it doesn’t take money to make money. They usually say that all you need is an imagination.

You can’t decide whether to start a business or not. This might be your dilemma. If ever you decide to start, how much are you willing to risk?

Here is my story: [Read more]

The Philippine has a lot of indigenous  and clean energy resources, but why are we still reliant to “dirty” coal -fired power plants? read more here…

We are rapidly approaching the April 1st deadline for the filing for new H-1B visas for the 2009 to 2010 Fiscal Year (FY 09-10). H-1B Petitions for FY 09-10 must be received by the U.S. Department of Homeland Security (“DHS”), Citizenship and Immigration Services (“CIS”) on April 1st, 2009. If you do not begin to make preparations as early as possible then you and your prospective H-1B employer will be unable to secure an H-1B (subject to the cap) for the October 1st, 2009 start date.

 

Unless Congress acts immediately to increase the quota of 65,000 visas (plus and additional 20,000 for those with Masters Degrees from U.S. Academic Institutions), the allotted number of H-1B visas are likely to be taken on the very first day that the petitions may be filed. This is what happened last year and it is presently anticipated that the same thing is going to happen next year.

 

Last year during the “run on H-1Bs” many people did not receive the visa because the petitions were not filed in a timely manner. Other cases were not “properly filed” (defined in the CIS regulations) and were incomplete or deficient in some way and they were therefore not approved even though they were filed in a timely manner. If petitioners fail to properly meet each one of the regulatory filing requirements, then the petition may not be considered “properly filed” and may be returned.

 

There are a few things that prospective H-1B employers and H-1B employees can do to improve the likelihood that the H-1B will be accepted by the CIS. First, be sure that all of the appropriate documentation is contained in the H-1B petition. Second, be sure that the H-1B is submitted to the CIS in a timely manner. Third, be sure that the H-1B is sent to the proper CIS Service Center for adjudication.

 

Most importantly, H-1B petitioners should consider the possibility of utilizing filing multiple H-1B petitions. Be advised that the CIS issued guidance concerning multiple H-1Bs. Filing a master’s H-1B and bachelor’s H-1B is not considered a multiple H-1B filing. Many organizations have layers and layers of subsidiaries and affiliates (different organizations with different Employer Identification Numbers) and there appears to be nothing yet in the regulations to preclude the use of those organizations as vehicles for additional H-1Bs. With each H-1B submitted, there is a statistically higher chance of one of the H-1Bs being able to “win” the lottery.

 

What is your H-1B back-up plan? First consider trying to obtain an H-1B with a cap-exempt organization. Academic institutions of higher education can make petitions for the H-1B with no regard to the cap. Also, many may qualify for alternative visas to the H-1B. For example, in 1991, the law carved the O, P Q and R visa categories out of the H-1B nonimmigrant visa classification. You will want to look to all of your H-1B visa alternatives.     

 

What is your H-1B Back-Up Plan? Look North to Canada.

 

The most common reason for H-1B applications to be returned is that too many are received for the number of available H-1B slots. Most foreign nationals invest all their energies in the H-B process without thinking of what they will do if they don’t make the quota. It is recommended that H-1B applicants set up an “immigration back-up plan.” Canada offers a viable alternative to those seeking entry in the U.S. and not accepted for an H-1B visa.

 

What many do not realize is that foreign nationals who are presently in the U.S. can make an application for Canadian permanent residence before, or while, they file for and await an H-1B determination. There is nothing to prevent applying for entry to both countries at the same time. Under the Canadian Immigration Regulations, there is a special provision to allow a foreign national to apply to enter Canada directly from the U.S. – without returning to their home country – as long as that person has been lawfully admitted to the U.S. for one year or more and has the visa(s) to prove it. However, it is preferable to apply to Canada (but not necessarily required) before the current visa in the U.S. expires.

 

Learn more…

 

About Nachman & Associates, P.C.

 

When traditional immigration approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our seven office locations, and speak to an associate in one of our 12 languages spoken, including: Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

 

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.

 

Website: http://www.visaserve.com

 

Nachman & Associates, P.C.

 

David H. Nachman

 

Managing Attorney

 

email: david_nachman@visaserve.com

 

phone: 201-670-0006 ext. 100

 

 

 

 

 

 

We all know that getting things done requires a lot of energy and maybe, planning. For the last several years, I have been experimenting on this Time Management principle that I have learned. Its is called “Time Blocks”.

Instead of multitasking, you set aside blocks or periods of time to focus on an individual type of tasks or activity.

You do things with the same thought process, direction and resources instead of doing many different things at the same time.

Instead of doing things this way. [read more]

Less than 10 years ago, I just turned 20 then, I needed an additional capital to expand my business.

And so my father, who was mentoring me, decided to help me get a loan. He knew the owners of Asia United Bank, a newly opened bank at the time. He introduced me to the VP of the company and scheduled an appointment with him.

So I met with him. He asked me about my business. How it was doing? What are my marketing plans? How do I handle this and that? I was a 20 year-old young zealous entrepreneur back then and so I gave him my pitch! [Read more]