USCIS Unveils Online Immigrant Entrepreneur Resource Center

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the USCIS Entrepreneurs in Residence (EIR) initiative by launching an online resource center Wednesday, November 28, 2012, at the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass. The resource center, Entrepreneur Pathways, provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.

"Through our innovative Entrepreneurs in Residence initiative, we are working to realize our current immigration system’s full potential to attract and retain startup enterprises that promote innovation and spur job creation in America," said Director Alejandro Mayorkas. "The first phase has already led to unique improvements in our programs and enabled us to better serve immigrant entrepreneurs."

Launched earlier this year at an Information Summit in Silicon Valley, the EIR initiative draws on industry expertise to strengthen USCIS policies and practices critical to American economic growth. The team comprised startup business experts and USCIS immigration experts working collaboratively over a short period of time to streamline pathways for a range of existing nonimmigrant visa categories often used by entrepreneurs.

"This initiative is so innovative and progressive. It’s all about finding pragmatic solutions," said EIR team member and Vice President of Strategic and Community Development and Chief Ecosystem Builder at SoftLayer Technologies Paul Ford. "USCIS’s officers and leadership clearly want to deliver quality services to people who want to invest, work and live in the United States. They have embraced our input and did something with it."

In addition to creating Entrepreneur Pathways, the EIR team:

               Developed and deployed a training workshop for USCIS employment-based immigration officers that focuses on startup businesses and the environment for early-stage innovations;

               Trained a team of specialized immigration officers to handle entrepreneur and startup cases;

               Modified Request for Evidence templates for certain nonimmigrant visa categories to incorporate new types of relevant evidence into the adjudicative process; and

               Developed a plan for quarterly engagements with the entrepreneurial community to ensure that USCIS stays current with industry practices.

To sustain the momentum and build on the team’s accomplishments, USCIS extended the EIR project through April 2013. Among other things, the team will expand its focus to immigrant visa pathways that may enable foreign entrepreneurs to start a business in the United States within current immigration law. 

Attorney Alex Meyerovich Speaks Out Against Human Trafficking

BRIDGEPORT, Conn. -- M.C. Law Group Attorney Alex Meyerovich spoke out recently against the rise of human trafficking, also known as "modern day slavery," in the United States.

Reported cases of human trafficking have risen 60% in 2011 compared to 2010, according to the National Human Trafficking Resource Center (HTRS). In fact, reported cases of human trafficking have been steadily increasing for the last five years. Attorney Meyerovich offered a simple explanation for this increase in human trafficking during a recent interview with Connecticut News12.

"Human trafficking is a lucrative business. It generates billions," said Attorney Meyerovich of the industry.

Human trafficking occurs when a victim is held hostage and forced to work against their will. Victims are commonly coerced into becoming commercial sex workers, drug traffickers, or laborers in unregulated industries. Additionally, these victims are often held in deplorable conditions, and suffer physical and sexual abuse.

Local attorneys like Meyerovich are speaking out alongside lawmakers to raise awareness about this prolific, but often unnoticed, human rights issue. In fact, Senator Richard Blumenthal recently joined with Senator Robert Portman of Ohio to co-chair the Senate Caucus to End Human Trafficking. The caucus will provide a platform for its thirteen members to combat human trafficking and promote increased awareness about this serious issue.

"This kind of modern day slavery is intolerable," Senator Blumenthal told Connecticut News 12. "These people are treated as inhuman."

Human trafficking goes unnoticed by most citizens because victims are often hidden in plain sight. Traffickers prey on society's most vulnerable, targeting children and young girls, disabled individuals, and illegal immigrants. These vulnerable victims are not likely to seek help for fear of retribution: if they attempt to escape or alert authorities, they suffer horrific abuse and threats of violence -- or worse.

"If they don't obey, they're likely to be killed," Meyerovich said of the impossible situation these victims are placed in.

Attorney Meyerovich, whose firm specializes in immigration law, knows how particularly susceptible illegal immigrants are to human traffickers. Meyerovich explained that immigrants pay alien smugglers exorbitant fees to be brought into the U.S. illegally. Once they arrive, the smugglers demand additional payment for their services, which immigrants cannot afford. They are then coerced into forced labor to repay their "debts," and are held hostage indefinitely. Victims are constantly intimidated with threats of being reported to immigration enforcement, and even the murder of themselves and their loved ones.

"These immigrants risk everything for a better life in the U.S., and instead are forced to endure a nightmare of unimaginable abuse when they arrive," said Attorney Meyerovich. "They are scared, often don't speak English, and have no knowledge that U.S. immigration laws protect victims of human trafficking, regardless of their legal status."

However, U.S. citizens are just as vulnerable to being forced into labor in their own country. While HTRS reports 70% of labor trafficking victims are undocumented immigrants, 80% of sex trafficking victims are U.S. citizens.

"Most American citizens would react with fury and outrage if they knew about it," Senator Blumenthal commented.

Local attorneys like Meyerovich and prominent lawmakers like Senator Blumenthal hope that increased awareness about human trafficking will help turn the tide against modern day slavery. To learn more about human trafficking, including how to recognize victims and report suspected cases, visit the National Human Trafficking Resource Center. To learn more about Senator Blumenthal's involvement in the Senate Caucus to End Human Trafficking, visit his official website.

To watch the full interview featuring Attorney Meyerovich and Senator Blumenthal, watch the video below.

New York Man Arrested for Trafficking in Counterfeit Goods

An upstate New York man was arrested and charged by criminal complaint with trafficking in counterfeit goods. The charge carries a maximum penalty of 10 years in prison and a $2,000,000 fine. In addition, 15 websites allegedly selling counterfeit sporting merchandise were seized by federal law enforcement agents. The websites were seized as part of a global enforcement operation that targeted more than 130 websites operating worldwide. All of this is the result of an extensive investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

According to the criminal complaint, in August 2012, Gary C. Hammer, 47, of Cheektowaga, N.Y., listed Microsoft Vista Business and Microsoft Office software for sale on Craigslist.

Further investigation determined that the merchandise being sold by the Hammer was counterfeit. Although the defendant was served Oct. 23 with a cease and desist letter from Microsoft Corporation, he continued to sell counterfeit Microsoft merchandise. He was arrested Nov 21.

Hammer made an initial appearance in court the same day as his arrest. He released on his own recognizance and is due back in court Dec. 12, 2012, at 11:00 a.m.

In a separate action, early this morning HSI special agents seized 15 websites that allegedly sold counterfeit sporting merchandise. According to the affidavit in support of the seizure warrants, some of the websites sold caps allegedly manufactured by New Era Cap, a Buffalo-based company.

 "The manufacturing and selling of "knock off" goods hurts businesses and people across a wide spectrum of our society," said U.S. Attorney William J. Hochul Jr., Western District of New York. "Victims of these crimes include not only those who create intellectual property and the employees of the legitimate businesses who turn the ideas into products Consumers are also hurt by unknowingly obtaining inferior or potentially harmful products, as are taxpayers who are unable to rely on taxes from legitimate sales to fund programs which benefit the community. I would therefore urge all to exercise caution knowing that if a deal sounds too good to be true, it probably is."

 "As we remind consumers, buying knockoffs doesn't pay off," said James C. Spero, special agent in charge of HSI Buffalo. "Those who sell counterfeit merchandise are robbing from the legitimate companies, many of them U.S.-based, that make these products. And perhaps most important, they're hurting the men and women who depend on those companies for their livelihood. Intellectual property theft amounts to economic sabotage, which is why HSI will continue to aggressively pursue product counterfeiters and those who sell counterfeit products."

The arrest and seizures are part of Project Cyber Monday 3 and Project Transatlantic, both efforts to crack down on counterfeit goods sold online during the holiday shopping season. They are the culmination of an investigation on the part of HSI.

Assistant U.S. Attorney Michael DiGiacomo and Kevin D. Robinson, Western District of New York, are prosecuting these cases on behalf of the U.S. government.

Maine Companies Fined by ICE for Immigration Employment Violations

Following an investigation and audit of Form I-9 documents by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), eight Maine employers were fined a total of $78,966.50 in fiscal year (FY) 2012 for various employment violations.

The inspection of the employers' documents is part of HSI's worksite enforcement strategy that launched in 2009 to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. This strategy focuses agency resources on the investigation and audit of employers suspected of cultivating illegal workplaces by hiring workers who are not authorized to work.

Employers are required to complete and retain a Form I-9 for each individual they hire. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appears to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work, on the Form I-9.

Fines in Maine in FY 2012 include:

·                             Artstock Inc., aka Artist & Craftsman Supply Company, of Portland was fined $12,584;

·                             ASAP Taxi of Portland was fined $7,153;

·                             Farrens Harvesting and Land Leveling Inc. of Columbia was fined $9,490;

·                             King China Inc. of Calais was fined $9,100;

·                             Maine International Labor Inc. of West Gardner was fined $13,898.50;

·                             My Tai Inc. of Presque Isle was fined $13,744;

·                             New Fay Da Restaurant Inc., aka Happy China Buffet, of Bangor was fined $11,220; and

·                             Three Sons Lobster and Fish of Portland was fined $1,777.

"These settlements serve as a reminder to employers that HSI will continue to hold them accountable for hiring and maintaining a legal and compliant workforce," said Bruce M. Foucart, special agent in charge of HSI Boston. Foucart oversees HSI throughout New England. "We encourage employers to take the employment verification process seriously, as we expand the number of audits we are conducting throughout Maine each year. My agency will continue to focus its attention on employers that are knowingly employing illegal workers and will continue to target specific industries and businesses known or alleged to hire illegals."

During FY 2012, HSI conducted 22 inspections of employers' I-9 documents in Maine. In previous years, HSI conducted 23 inspections in FY 2011, 11 in FY 2010 and five in FY 2009.

In previous years, the fines in Maine were:

·                             FY 2011: HSI issued fines for worksite violations against six companies totaling $150,018.38;

·                             FY 2010: HSI issued fines for worksite violations against two companies totaling $7,012.50; and

·                             FY 2009: HSI issued fines for worksite violations against one company totaling $9,753.

HSI worksite investigations

Effective worksite enforcement plays an important role in the fight against illegal immigration. HSI has developed a comprehensive worksite enforcement strategy that promotes national security, protects critical infrastructure and targets employers who violate employment laws or engage in abuse or exploitation of workers.

An effective worksite enforcement strategy must address both employers who knowingly hire illegal workers, as well as the workers themselves. In worksite cases, HSI investigators adhere to high investigative standards, including the following:

·                             HSI will look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering and other such criminal conduct; and

·                             HSI will obtain indictments, criminal arrests or search warrants, or a commitment from a U.S. attorney's office to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite.

HSI also works with the private sector to educate employers about their responsibilities to hire only authorized workers and how to accurately verify employment eligibility, through such tools as the IMAGE program.

IMAGE program

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits and stealing identities of legal United States workers. To combat this, ICE initiated the ICE Mutual Agreement between Government and Employers (IMAGE) program in 2006.

As part of the IMAGE program, ICE provides employers with education and training on proper hiring procedures, including use of employment screening tools such as E-Verify. IMAGE certified employers also undergo an audit of their I-9 forms to ensure current employees are eligible to work in the United States.

Employers that are certified with ICE through the IMAGE program pledge to maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. ICE recently revamped IMAGE, simplifying program requirements.

Two Maine companies have already partnered with ICE: GAC Chemical Corp.. and Whitney Wreath.

E-Verify

Through the U.S. Department of Homeland Security (DHS) E-Verify employment eligibility verification program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.

Woman Pleads Guilty to Bribery and Document Fraud Scheme

A Tennessee woman pleaded guilty Wednesday, November 14, 2012, to paying approximately $30,000 in bribes to a former Tennessee Department of Public Safety supervisory license examiner in exchange for fraudulent licenses and permits. The guilty plea follows an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) with assistance from the FBI and Tennessee Department of Safety.

Anny Castillo, 29, of Antioch, Tenn., a citizen of the Dominican Republic and lawful U.S. resident, pleaded guilty to bribery, conspiracy to unlawfully produce state identification documents, and to selling Social Security cards and citizenship documents.

"Fraudulent documents threaten the security of all citizens by making it easier for criminals to commit a range of offenses from identity theft to terrorism," said Raymond R. Parmer Jr., special agent in charge of HSI New Orleans, who oversees a five state area of responsibility including Tennessee. "This guilty plea should serve as a reminder that HSI and its law enforcement partners continually work together to identify and prosecute criminals who violate the public trust."

According to court documents, Castillo illegally obtained and sold genuine identification and citizenship documents to illegal aliens between August 2011 and April 2012. Undercover federal agents posing as illegal aliens subsequently learned from Castillo that she could also obtain fraudulent state licenses and permits for an additional fee.

Undercover federal agents accompanied Castillo to a driver testing center in Nashville where Larry Murphy, 54, of Antioch, Tenn., worked as a supervisory driver's license examiner. There Castillo paid Murphy more than $15,000 to issue fraudulent licenses to the undercover agents. Castillo admitted in court she and Murphy engaged in approximately 50 total transactions involving at least $30,000 in illegal payments.

Castillo and Murphy were both indicted by a federal grand jury in May 2012. Murphy pleaded guilty Nov. 6 and both are scheduled to be sentenced in February. Castillo and Murphy each face a maximum penalty of 10 years in prison and a $250,000 fine.

Massachusetts Companies Fined by ICE for Illegal Immigration and Employment Practices

Following an investigation and audit of Form I-9 documents by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), 17 Massachusetts employers were fined a total of $349,619.54 in fiscal year (FY) 2012 for various employment violations.

The inspection of the employers' documents is part of HSI's worksite enforcement strategy that launched in 2009 to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. This strategy focuses agency resources on the investigation and audit of employers suspected of cultivating illegal workplaces by hiring workers who are not authorized to work.

Employers are required to complete and retain a Form I-9 for each individual they hire. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appears to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work, on the Form I-9.

Fines in Massachusetts in FY 2012 include:

·                             Alliance for Affordable Housing Inc. of Everett was fined $888.25;

·                             Amex Inc. of East Boston was fined $70,000;

·                             Bread & Company Inc. of Everett was fined $9,804;

·                             Cap Seafood Inc. of New Bedford was fined $9,804;

·                             Danco Retail Food Outlet Inc. of Worcester was fined $935;

·                             Fruitlands Restaurant, Inc., aka Sorrento's Pizza, of Harvard was fined $2,805;

·                             Jae's Spice of Pittsfield was fined $3,000;

·                             Leechen Restaurant Inc. of Lawrence was fined $9,441.63;

·                             Metropolitan Linen Services Corp. of Everett was fined $13,635.19;

·                             Northern Pelagic Group LLC (NORPEL) of New Bedford was fined $151,200;

·                             Ocean Crest Seafoods of Gloucester was fined $9,000;

·                             Panda House Inc. of Westfield was fined $4,675;

·                             Pier Fish Company Inc. of New Bedford was fined $2,200;

·                             Quality Workforce Inc. of Brockton was fined $26,881.25;

·                             Samar Company Inc. of Stoughton was fined $33,786.22;

·                             Sampco Inc. of Pittsfield was fined $550; and

·                             STAT Products Inc. of Ashland was fined $1,014.

"These settlements serve as a reminder to employers that HSI will continue to hold them accountable for hiring and maintaining a legal and compliant workforce," said Bruce M. Foucart, special agent in charge of HSI Boston. "We encourage employers to take the employment verification process seriously, as we expand the number of audits we are conducting throughout Massachusetts each year. My agency will continue to focus its attention on employers that are knowingly employing illegal workers and will continue to target specific industries and businesses known or alleged to hire illegals."

During FY 2012, HSI conducted 35 inspections of employers' I-9 documents in Massachusetts, an increase over the 30 inspections conducted in FY 2011, 20 in FY 2010 and 17 in FY 2009.
In previous years, the fines in Massachusetts were:

·                             FY 2011: HSI issued fines for worksite violations against 11 companies totaling $175,420.25;

·                             FY 2010: HSI issued fines for worksite violations against three companies totaling $67,440; and

·                             FY 2009: HSI issued fines for worksite violations against one company totaling $9,753.

 

HSI worksite investigations

 

Effective worksite enforcement plays an important role in the fight against illegal immigration. HSI has developed a comprehensive worksite enforcement strategy that promotes national security, protects critical infrastructure and targets employers who violate employment laws or engage in abuse or exploitation of workers.

An effective worksite enforcement strategy must address both employers who knowingly hire illegal workers, as well as the workers themselves. In worksite cases, HSI investigators adhere to high investigative standards, including the following:

·                             HSI will look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering and other such criminal conduct; and

·                             HSI will obtain indictments, criminal arrests or search warrants, or a commitment from a U.S. attorney's office to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite.

HSI also works with the private sector to educate employers about their responsibilities to hire only authorized workers and how to accurately verify employment eligibility, through such tools as the IMAGE program.

IMAGE program

 

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits and stealing identities of legal United States workers. To combat this, ICE initiated the IMAGE program in 2006. As part of the IMAGE program, ICE provides employers with education and training on proper hiring procedures, including use of employment screening tools such as E-Verify.

IMAGE certified employers also undergo an audit of their I-9 forms to ensure current employees are eligible to work in the United States.

Employers that are certified with ICE through the IMAGE program pledge to maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. ICE recently revamped IMAGE, simplifying program requirements.

E-Verify

 

All IMAGE members must participate in the U.S. Department of Homeland Security (DHS) E-Verify employment eligibility verification program. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.

ICE ERO Launches Community and Detainee Helpline

U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) recently launched the second phase of its ICE Community and Detainee Helpline (CDH). In this phase, detainees from ERO Atlanta, Baltimore, Miami, New Orleans and Washington will be able to directly contact the Office of the Public Advocate by telephone through toll-free telephone systems in the facilities. This expanded service streamlines the means by which detainees can access assistance.

Expanding the CDH is a joint project between ERO's Office of the Public Advocate and its Custody Management Division (CMD). Activating this helpline in additional detention facilities will take place over several phases, with nationwide implementation to be completed by the second quarter of fiscal year 2013.

Adding access to this toll-free helpline is not meant to replace regular staff-detainee communications or the field offices' regular exchanges with their stakeholders. It is a direct line that provides detainees the opportunity to obtain basic immigration case information, report systemic incidents or inform ICE of pertinent issues such as detainee vulnerabilities. Both the Office of the Public Advocate and CMD are hopeful that expanding this resource will enhance ERO's public engagement capabilities, enabling both headquarters and field office locations to better address the concerns of the public and detainees.

The Office of the Public Advocate has established protocols to ensure that all issues related to the helpline are managed in an efficient and timely manner. All calls to the CDH are managed by ERO operators who have been trained to identify specific concerns, summarize salient points, and route them to the appropriate field offices or ICE headquarters for appropriate review and action.

ERO Public Advocate Andrew Lorenzen-Strait said this is consistent with ERO's goals of ensuring transparency and collaboration, and resolving conflict.

"We are excited to launch the next phase of the ICE Community and Detainee Helpline," Lorenzen-Strait said. "We are confident that this expanded service will allow us to promote further dialogue with our many stakeholders and continue to build bridges with our communities."