USCIS Temporarily Suspends VIBE in the H-2A Program

Due to the time-sensitive nature of agricultural work, U.S. Citizenship and Immigration Services(USCIS) expedites all H-2A “temporary or seasonal agricultural worker” petitions. However, somerecent H-2A petitions have experienced unexpected delays due to Requests for Evidence (RFEs)resulting from the use of the Validation Instrument for Business Enterprises (VIBE). As delays inadjudication are especially burdensome for H-2A petitioners, USCIS is providing an H-2A OptionalChecklist as well as a Questions & Answers document to help petitioners ensure that their petitions areexpeditiously processed.

Additionally, USCIS will hold a public engagement in the near future toprovide USCIS and H-2A employers, associations and agents the opportunity to discuss best filingpractices. Until such time, USCIS is temporarily suspending the use of VIBE in the H-2A Program.  Useof VIBE will resume after 45 days of the date of this USCIS Update on July 18, 2011.

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 from an independent information provider (IIP) to validate basic information about companies or organizations petitioning to employ alien workers. Currently, the independent information provider for the VIBE program is Dun and Bradstreet (D&B).

Background

When adjudicating employment-based petitions, USCIS must primarily rely on paper documentation supplied by the petitioning company or organization to establish the petitioner’s eligibility for the requested classification.  When petitioners’ paperwork does not sufficiently document the evidence required under the law, USCIS must issue a Requests for Evidence (RFE) for additional documentation, delaying final adjudication of the petition. The VIBE program has been introduced to address some of these issues.

VIBE Program

VIBE allows USCIS to electronically receive commercially available information from an 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 are 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 are included in VIBE:

  • SD1 Minister of Religion
  • SR1 Non-minister in a religious occupation or vocation

Nonimmigrant Classifications Included in VIBE

The following I-129 employment-based nonimmigrant classifications are also 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

Classifications Not Included in VIBE

At this time, the following employment-based classifications are not 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

 

USCIS is taking measures to carefully review all pending H-2A petitions filed prior to this clarificationnotice. If you currently have an H-2A petition pending with USCIS that has been delayed due to arecent VIBE-related Request for Evidence or Notice of Intent to Deny (NOID), USCIS will expedite thereview of your petition. To initiate this process, you may clarify your company’s basic businessinformation by sending an email directly to USCIS at H2Athirdparty@dhs.gov.

Your email mustinclude:

  • “VIBE H-2A RFE/NOID: [Insert Receipt No.]” in the subject lineThe receipt number of your pending H-2A petition (Form I-129)
  • Your company’s full, legal business name (Note: If your business is a sole proprietorship, pleasestate that and provide the individual owner’s full name if a business name does not exist)
  • Any trade-style name (such as a “doing business as” (DBA) used by your companyYour company’s registered business address; and
  • Any additional mailing addresses used by your company.

Do not include any other attachments or documentation in your email.Employers with multiple H-2A cases pending are advised to submit a separate email for each petitionwith the above information to USCIS.For more information about USCIS’s VIBE Program please visit: www.uscis.gov/vibe.

 

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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What happens if you leave the United States for too long while you are on a greencard!

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Live Radio show discussing about Employment Based immigration cases….

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Did you know that men can also benefit from VAWA (Violence Against Women Act) Petitions?

Among the reported domestic violence cases, 50 to 60% of abuses are against women, the other 40% are against men. Many will see this 40%  as a “laughing matter”, yet this is not the case because most people will be surprised to know that there are around 300,000 men abused in the United States every year.  In fact, our law firm has won many VAWA cases where the men were the abused not the perpetrators and the ratio of men to women seems to back these figures.  According to many, violence against men is one of the most under-reported phenomenon in our society.

Violence against men especially in the immigrant community is probably more under-reported because of the cultural issues attached to the role of men in the immigrant community.  Unfortunately domestic violence is not a “men exclusive club”.  More and more experts are seeing that this phenomenon is a human problem altogether.

According to a non profit organization in Oregon (http://www.oregoncounseling.org/Handouts/DomesticViolenceMen.htm)

Domestic violence against men goes unrecognized for the following reasons:

  • The incidence of domestic violence against men appears to be so low that it is hard to get reliable estimates.
  • It has taken years of advocacy and support to encourage women to report domestic violence. Virtually nothing has been done to encourage men to report abuse.
  • The idea that men could be victims of domestic abuse and violence is so unthinkable to most people that many men will not even attempt to report the situation.
  • The counseling and psychological community have responded to domestic abuse and violence against women.  Not enough has been done to stop abuse against women.  There has been very little investment in resources to address the issues of domestic abuse and violence against men.
  • In most cases, the actual physical damage inflicted by men is so much greater than the actual physical harm inflected by women.  The impact of domestic violence is less apparent and less likely to come to the attention of others.
  • Even when men do report domestic abuse and violence, most people are so astonished, men usually end up feeling like nobody would believe them.  It is widely assumed than a man with a bruise or black eye was in a fight with another man or was injured on the job or while playing contact sports.  Women generally don’t do those things.

According to this organization there are few reasons why men continue in an abusive relationship namely to protect the children, because they assume the guilt or blame and dependency.

Another website regarding domestic violence against men (http://www.menweb.org/battered/bathelpareyou.htm ) ask those questions:

ARE YOU ABUSED? DOES THE PERSON YOU LOVE…

  • “Track” all of your time?
  • Constantly accuse you of being unfaithful?
  • Discourage your relationships with family and friends?
  • Prevent you from working or attending school?
  • Criticize you for little things?
  • Anger easily when drinking or on drugs?
  • Control all finances and force you to account in detail for what you spend?
  • Humiliate you in front of others?
  • Destroy personal property or sentimental items?
  • Hit, punch, slap, kick, or bite you or the children?
  • Use or threaten to use a weapon against you?
  • Threaten to hurt you or the children?
  • Force you to have sex against your will?

If you find yourself saying yes, it’s time to get help.

This article might create an uproar in many circles, however it is important to point out that violence against any human being whether it is a woman, a child or a man is a despicable.   As lawyers, but more importantly as advocate against domestic violence, we need to keep the public informed of the social issues associated to both genders in our society.

If you are an immigrant and you feel you have been abused and whether you are a man or a woman, please get help and please give us a call on 510.742 5887.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Department of State (DOS) planning to abolish or modify the B1 (Business Visa) soon!

Avvo 2011 Rating

In response to Senator Grassley letter, the Department of State (“DOS”) is planning to modify or completely remove the B1 visa (Business Visa). The B1 Visa allows individuals to come on business purposes to the United States.
The decision to crack down on the B1 visa follows a complaint by a worker who accused his employer of abusing the B1 visa in order to bring workers to the United States and allowing them to work. Note that a B1 visa does not allow an employee to be paid in the United States. Some companies have found that it is easier to bring their employees on a B1 visa in lieu of an H1B or L1 visa.

 

On one hand, the move is welcome by many because it does not favor fraud or abuses, but on the other, it will have a chilling effect on many companies which are trying to do business with the United States. In a recovering economy, any chance of attracting new businesses and ultimately create new jobs in the United States, should not be undermined by rare situations of fraud. In fact, nothing proves that the majority of the B1 visa holders are actually planning to take advantage of the immigration loopholes.

Although we welcome the decision to “crack down” on businesses abusing the B1 visa, we also urge the Senate, the Department of State, and the Department of Homeland Security to consider the implications of a blanket removal of the B1 visa on the economy.

Our law firm’s commitment to a fair immigration reform dictates that before there is a move to completely remove the B1 visa, the government should find an option for genuine businesses to come and prospect in the United States. We hope sincerely that there will be a fair and just outcome on this matter.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Another incredibly happy story from the Shah Peerally Law Group team!

In 2007, our law firm was retained to process a labor certification. The client was from the Philipines. After filing the labor certification, it was subject to a labor certification audit. Note that the audit was just a random one. After the audit, the Department of Labor (DOL) wrongfully denied the case stating that the recruitment process missed a certification that the was an internal posting. An internal posting is a requirement in the PERM labor certification process.

A denial was received on the case around 2008. We appealed the case. Attorney Shah Peerally, placed a declaration explaining the internal posting was done and that he has been doing PERM Labor Certification for years and have never had an issue with any internal posting. A declaration was also submitted from the employer stating the same. After two years of struggle the Shah Peerally Law Group PC won the appeal at the beginning of 2011 and the PERM Labor Certification was indeed certified.

Ketki Buddhisagar, Esq

At this point, there was a need to file the Form I-140 (employer’s immigration petition) with the USCIS. There was a major issue with the ability to pay and Attorney Ketki Buddhisagar, Esq. in our office handled the case with so much dexterity and legal knowledge, that we quickly received an approval on the Form I-140. Because the clients is on EB2 category and from a country where the visa is actually available, the client as well as his family are entitled to file the Form I-485, adjustment of status allowing all of them to obtain a work permit (EAD). Note that the client was already entitled to file the Form I-485, adjustment of status, but because of the possible issues with the ability to pay, the client preferred to wait to file for it. Soon we will be filing the adjustment of status and we are confident that at this point we will not have any further issues to obtain a permanent residence for the client and his family.

 

Our law firm is really proud of the outcome of this case because it required a lot of legal knowledge, confidence in our work but also a constant dedication to the client

Congratulations to the client and big cheers to attorney Ketki Buddhisagar, Esq. for work well done. Good job Ketki, keep it up!

For more information on the labor certification process, Form I-140 or adjustment of status, feel free to call us on 510. 742.5887.

*Important: The testimonials or endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Each case is different and success in one case does not warrant or guarantee success in other similar cases or situations.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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