Immigration Law

Two Immigration Service Organizations sued by the State of New York for Providing Fraudulent Services

by Fred Abramson on January 27, 2010

Attorney General Andrew Cuomo obtained a temporary restraining order against the International Immigrants Foundation, Inc. (“IIF”), International Professional Association, Inc. (“IPA”), and their President Edward Juarez.

The Attorney General seeks to prevent these organizations from continuing their fraudulent practices and seeks restitution for victims. These companies are alleged to have defrauded immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services.

“These businesses make millions of dollars by exploiting the dreams of New York’s immigrant community,” said Attorney General Cuomo. “By lying about their ability to provide legitimate legal services, these organizations threaten to devastate families and their hopes of a new life. We intend to hold these organizations accountable for their actions and their blatant disregard for the people they claim to help.”

Companies that provide immigration services illegally by engaging in the unauthorized practice of law is a major issue in New York’s immigrant communities.  There are literally hundreds of such services in New York’s Chinatown.  Most do not get caught.

Be aware that if you hire an immigration service that is not a law firm, they will not be able to represent you at any hearing before the USCIS.

The Law Office of Frederic R. Abramson practices immigration law. If you have any questions regarding your immigration matter call me at 212-233-0666.

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Business Immigration: The Distinction Between Doing Business and Work

by Fred Abramson on January 8, 2010

As a businessman entering the  United States, there are a variety of visas which may allow entry.  For example, if your company is interested  in attending a trade show in New York, an inexpensive and easy option is to enter the US using a B-1 visa.  However, a B-1 visa is limited to authorized business activities only.  What about contract work? The issue then becomes whether entry can be classified as an authorized business activity rather than prohibited labor or work.

The Immigration Nationality Act does not allow a vistor on a B-1 Visa to perform any type of labor. The Department of Justice defines “business” to include conventions and consultations.  It prohibits work for hire.

It is often difficult to distinguish between authorized work activities and labor.  In determining whether a  B-1 visa may be approprate  immigration officialls may question whether:

  • The activities that are incidental to work that will principally be performed outside the US;
  • The source of payment for any services rendered;
  • Actual place where any profits were made. 

There are 3 broad exceptions that a B-1 visa holder cannot accept local work.  These are:

  1. Industry-specific exceptions for certain situations, like tennis players performing at a tournament;
  2. An employee of a US citizen, such as a nanny who will enter the US on a temporary basis;
  3. Limited training activities.

CONCLUSION

Unfortunately, there is a lack of predictability and consistency in making the determination whether a B-1 is appropriate.  One place to turn is the  Department of Justice Family Foreign Affairs Manuel (available at www.state.gov/m/a/dir/regs/fam/. )   There are 18 pages of examples allowable activities under a B-1 Visa.

The consequences for inappropriately classifying yourself as B-1 Visitor is significant, which include a five year bar from entering the US.