CGFNS for Physical Therapists

March 31, 2009 by  
Filed under Employers

CGFNS International (hereafter “CGFNS”) has been asked for its views on the educational requirements for applicants for a CGFNS VisaScreen certificate as a Phyiscal Therapist (hereafter “PT”)

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USCIS Reaches H-2B Cap for First Half of FY2008

October 4, 2007 by  
Filed under Employers

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that September 27, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1, 2008. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first six months of FY2008.

 

Under current law, a “returning worker” who was counted toward the H-2B numerical limit during FY2004, FY2005 or FY2006, was exempt from being counted against the FY2007 H-2B cap. As of today, Congress has not reauthorized or extended the “returning worker” provisions for FY2008. Absent such reauthorization or extension, USCIS must count all petitions requesting H-2B workers for new employment with an employment start date of October 1, 2007 or later toward the FY2008 H-2B cap.

 

USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on September 27, 2007. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2008 that are received after September 27, 2007.

 

Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:

 

Extend the stay of a current H-2B worker in the United States;

Change the terms of employment for current H-2B workers and extend their stay; or

Allow current H-2B workers to change or add employers and extend their stay.

More information about the H-2B work program is available at www.uscis.gov or by calling the National Customer Service Center at 1-800-375-5283.

Court Extends Order That Blocks Government From Implementing Social Security No Match Rule

October 4, 2007 by  
Filed under Employers

FOR IMMEDIATE RELEASE

CONTACT: media@aclu.org

 

SAN FRANCISCO – After a hearing today, a federal judge extended an order that temporarily stops the government from implementing a new Department of Homeland Security (DHS) rule that would cause U.S. citizens and other authorized workers to lose their jobs, and which would illegally use error-prone social security records as a tool for immigration enforcement. The judge’s order also stops the Social Security Administration (SSA) from beginning to send notices to approximately 140,000 employers across the country notifying them of the new rule, which would impact approximately eight million workers. The temporary restraining order is not to exceed ten days.

“We are pleased that the judge saw the need to continue to block this rule that would lead to increased exploitation of workers,” said John Sweeney, President of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). “More than 70% of SSA discrepancies refer to U.S. citizens but the DHS regulation would encourage employers to fire any worker based on these erroneous discrepancies, especially if she has an accent or is perceived to be foreign born.”

Today’s order comes as a result of a lawsuit filed in August by the AFL-CIO, the American Civil Liberties Union, the National Immigration Law Center (NILC) and the Central Labor Council of Alameda County along with other local labor movements. In the lawsuit, the groups charge that the misguided rule violates the law and workers’ rights, imposes burdensome obligations on employers, and will cause discrimination against workers who are perceived to be immigrants.

For years the SSA has sent “no match” letters to employers if the name and social security information reported by a worker on a W-2 form does not match up with the information contained in SSA databases. The “no match” letters were never considered reason to believe that an employee did not have permission to work in the U.S, and currently employers who receive “no match” letters are not required to take any action. In fact, there are many innocent reasons for such discrepancies such as clerical mistakes, name changes due to marriage and divorce, and the use of multiple surnames that are common in many parts of the world.

Under the new DHS rule, employers receiving “no match” letters might be required to fire employees whose SSA discrepancies are not resolved within 90 days after the “no match” letter is received.  If the employer does not respond to a “no match” letter, DHS may conclude that the employer had “constructive knowledge” that an employee was not authorized to work in the U.S. and prosecute the employer accordingly.

Today’s order was handed down in the United States District Court for the Northern District of California.

In addition to the AFL-CIO, which is represented by the law firm of Altshuler Berzon LLP, other parties bringing the lawsuit include the Central Labor Council of Alameda County, represented by the ACLU, the ACLU of Northern California, and NILC, as well as the San Francisco Labor Council and the San Francisco Building and Construction Trades Council, represented by Weinberg, Roger and Rosenfeld.

Lawyers on the case include Scott A. Kronland, Stephen Berzon, Jonathan Weissglass, Linda Lye and Danielle Leonard of Altshuler Berzon LLP; Jonathan Hiatt, James Coppess and Ana Avendaño of the AFL-CIO; Lucas Guttentag, Jennifer Chang, Mónica M. Ramírez and Omar Jadwat of the ACLU Immigrants’ Rights Project; Alan Schlosser and Julia Mass of the ACLU of Northern California; Marielena Hincapié, Linton Joaquin and Monica Guizar of NILC; and David Rosenfeld and Manjari Chawla of Weinberg, Roger and Rosenfeld.

The complaint, a complete list of plaintiffs, and other information about the lawsuit can be found at:

This information provided is not intended to replace the advice of an attorney but is merely provided as a public service. Each immigration case is different. For more information, consult with Thomas Esparza, Jr., Board Certified Specialist in Immigration and Nationality Law with more than 32 years of experience.