Nachman & Associates, P.C. (THE VISASERVE TEAM) is pleased to provide you with the following information about the U.S. Department of Homeland Security’s methodology for verifying the validity and size and function of petitioning organizations for nonimmigrant and immigrant visas. Of course, not that we are cynics, but every D&B Report we have reviewed for the last 20 years has contained some inaccurate information or misstatement. We are given to understand that the Dunn & Bradstreet (B&B) Database will be at the foundation of the VIBE database. If D&B (or some database of the like) is going to be used for VIBE, there should be a formal way for the petitioner or an authorized representative of the petitioner to challenge and receive damages for inaccurate or misleading information placed in the database. The VIBE program is described by the DHS as follows . . .
Validation Instrument for Business Enterprises (VIBE) Program
Introduction
The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data to validate basic information about companies or organizations petitioning to employ alien workers. USCIS is beta-testing VIBE, and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs).
Background
Currently, when adjudicating employment-based petitions, USCIS primarily relies on paper documentation supplied by the petitioning company or organization to establish the petitioner’s eligibility for the requested classification. Petitioners often submit large amounts of paperwork as evidence of their current level of business operations. When petitioners’
paperwork does not sufficiently document the evidence required under the law, USCIS issues a Request for Evidence (RFE) for additional documentation, delaying final adjudication of the petition.
The VIBE Program
VIBE allows USCIS to electronically receive commercially available information from an independent information provider (IIP) about a petitioning company or organization, including:
* Business activities, such as type of business (North American Industry Classification System code), trade payment information and status (active or inactive)
* Financial standing, including sales volume and credit standing
* Number of employees, including onsite and globally
* Relationships with other entities, including foreign affiliates
* Status, for example whether it is a single entity, branch, subsidiary or headquarters
* Ownership and legal status, such as LLC, partnership or corporation
* Company executives
* Date of establishment as a business entity
* Current physical address
A USCIS officer will review all information received through VIBE along with the evidence submitted by the petitioner. Adjudicators will use the information provided from VIBE to verify the petitioner’s qualifications.
For example, if a petitioner is seeking L-1 status for a beneficiary, VIBE will help adjudicators confirm that the petitioner has a foreign affiliate, which is a requirement for granting L-1 status. In cases where petitioners must establish ability to pay, information from VIBE will assist in confirming the petitioners’ financial viability. USCIS will not deny a petition based upon information from VIBE without first giving a petitioner the opportunity to respond to USCIS’s concerns. USCIS will issue an RFE or a Notice of Intent to Deny (NOID) if it is necessary to resolve relevant inconsistencies or other issues that emerge upon review of information supplied by VIBE that are material to the benefit requested. The Immigration Services Officer (ISO) will make a final decision based on the totality of the circumstances.
Immigrant Classifications Included in VIBE
The following I-140 employment-based immigrant classifications will be included in VIBE:
* E12 Outstanding professor or researcher
* E13 Multinational executive or manager
* E21 Member of professions holding an advanced degree or an alien of exceptional ability (with the exception of National Interest Waiver
petitions)
* E31 Skilled Worker
* E32 Professional
* EW3 Unskilled/Other Worker
Additionally, the following I-360 employment-based immigrant classifications will be included in VIBE:
* SD1 Minister of Religion
* SR1 Non-minister in a religious occupation or vocation
The following I-129 employment-based nonimmigrant classifications will also be included in VIBE:
* E-1 Treaty Trader
* E-2 Treaty Investor
* E-3 Member of specialty occupation who is a national of the
Commonwealth of Australia
* H-1B Specialty occupation worker
* H-1B1 Specialty occupation worker from Chile or Singapore
* H-1B2 Worker performing services related to a Department of Defense
(DOD) cooperative
research and development project or co-production project
* H-1B3 Fashion model of distinguished merit and ability
* H-2A Temporary or seasonal agricultural worker
* H-2B Temporary non-agricultural worker
* H-3 Trainee or special education exchange visitor
* L-1A Intra-company transferee in a managerial or executive position
* L-1B Intra-company transferee in a position utilizing specialized
knowledge
* LZ Blanket L petition
* Q-1 International cultural exchange visitor
* R-1 Religious worker
* TN NAFTA professional from Canada or Mexico
At this time, the following classifications will not be included in VIBE due to the very unique eligibility requirements for these classifications:
* E11 Individuals of extraordinary ability
* E21 National interest waiver
* EB-5 Immigrant investor
* O Individuals with extraordinary ability or achievement (including essential support personnel)
* P Internationally recognized athletes and entertainment groups, performers under a reciprocal exchange program, and artists or entertainers under a culturally unique program (including essential support personnel)
Goals of VIBE
By enhancing USCIS’s ability to distinguish eligible petitioners more easily from those who may be ineligible, VIBE is expected to increase the efficiency of reviews by USCIS ISOs. In the future, VIBE should reduce the need for petitioners to submit identical paper documentation with each petition to establish their current level of business operations. VIBE should also assist USCIS to reduce the number of RFEs issued to otherwise eligible petitioners.
By providing the same petitioner information to all four USCIS Service Centers, VIBE promotes the consistent review of employment-based immigrant and nonimmigrant petitions. Overall, the information provided by VIBE improves the integrity of employment-based immigrant and nonimmigrant programs and the process for petitioners seeking foreign workers to employ.
Feedback about VIBE
Some petitioners may receive an RFE or NOID referencing information received from the IIP through VIBE. Petitioners are required to respond to these RFEs or NOIDs; failure to respond may result in a denial of the petition. However, USCIS encourages petitioners to bring to our attention any questions related to RFEs or NOIDs involving IIP information USCIS received through VIBE, as well as suggestions for improving the program by contacting us at VIBE-Feedback@dhs.gov.
Very truly yours,
David H. Nachman, Esq.
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009
WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).
FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.
YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.
http://www.docstoc.com/docs/49845403/DS-260-screen-shots
Please feel free to contact our law offices with regard to any assistance with visas, green cards, temporary work permits,naturalization and/or citizenship or issues of U.S. and/or Canadian immigration law.
Very truly yours,
David H. Nachman, Esq.
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009
WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).
FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.
YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.
Last night, I was on my home when I saw an on-going rescue to help a man who went up at the tallest billboard in EDSA corner of Quezon Avenue. The man wants to commit suicide or so it appears from everyone at the ground.
Here are some of my thoughts and report of what happened from the ground (the reactions of the people, their views, sentiments) and the objective of the man who went all the way up of the billboard, endangering his own life as well as others.
Citizens from 35 countries could be barred from boarding U.S.-bound flights starting in March if they don’t register online before flying, according to the Homeland Security Department.
http://www.usatoday.com/travel/flights/2010-01-24-register_N.htm
Did you hear about this story? A 6 year old boy climbed into his family’s home made experimental aircraft that had a large helium balloon attached to it and the tether came loose.
The FAA is working to track the balloon. Here’s a video report http://palaisip.blogspot.com
Report from ABS-CBN on Typhoon Ondoy.
See the video at http://palaisip.blogspot.com
I was in Manila last week and I was driving along, the car in front of me (I think it was a Pajero) turned left to enter the driveway to his building. As he was turning, a man in a motorcycle went straight and the Pajero hit the guy in the motorcycle.
Read more at http://palaisip.blogspot.com
An article in the Philippine Daily Inquirer reports that Catholic educational institutions are seeking exemption from a provision in the new Magna Carta of Women banning the dismissal of unwed mothers from employment or school.
Read more at http://palaisip.blogspot.com
I was reading this article on the Philippine Daily Inquirer about a construction crane that fell from a building and hit a car below on Topaz Road near Robinson’s Galleria almost killing the passengers which included an infant and a grandmother.
The only protection for the construction was a catchment net to protect passing vehicles and pedestrians from falling debris.
Read more at http://palaisip.blogspot.com
For its part, the Philippine Stock Exchange index (PSEi) closed the week lower by 0.55% to 2,782.98 after almost a month of finishing in the green. It was pulled down by profit taking that started Thursday.
The local bourse had closed long before the Friday rally in the US.
More details at http://thegetwealthy.com
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More details on Superferryphilippines.blogspot.com
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MANILA – Philippine Airlines is again reducing its fuel surcharge on selected domestic and international flights effective January 1, 2009, to reflect the decline in oil prices in world markets.
The reduction will be up to $45 on some international flights and up to P100 for most domestic sectors. PAL will likewise reduce by P1 per kilo the fuel surcharge imposed on domestic cargo.
For PAL flights originating from the Philippines to international points, the surcharge will be lowered by as much as $45 per flight.
For PAL domestic and PAL Express flights between Manila and other domestic points, the surcharge will further drop by P100 for most sectors.
More info at http://philairlines.blogspot.com