Learn English With Help from Government

The information below is from the U.S. Department of Education and provided as a courtesy of Cundy & Martin, LLC, Minnesota Family, Divorce, and Immigration Lawyers www.cundyandmartin.com .

The U.S. Department of Education today launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training.

"America's limited-English adults will now have readily available materials to improve their literacy and help them become more productive workers, better parents, engaged community members and active citizens," said Troy Justesen, assistant secretary for the Office of Vocational and Adult Education.

Launch of the site completes one of the goals in President Bush's Aug. 10, 2007, announcement of 26 immigration reforms that his Administration would pursue within existing law -- including the assimilation of new citizens and helping immigrants learn English to expand their opportunities in America. Recognizing that "[k]nowledge of English is the most important component of assimilation" and "an investment in tools to help new Americans learn English will be repaid many times over," the Administration pledged to launch a free, Web-based portal to help immigrants learn English.

Labor Certification - How much effort must an employer make to contact applicants?

By Vincent Martin, Bloomington, Minnesota, Immigration Lawyer

www.cundyandmartin.com

In a recent labor certification case, the Board of Alien Labor Certification Appeals (BALCA) held that an employer must do more in its attempts to contact applicants than email and telephone calls.

"What constitutes a reasonable effort to contact a qualified U.S. applicant depends on the particular facts of the case under consideration. Where an employer establishes timely, actual contact, ipso facto, a reasonable effort is proved. HRT Clinical Laboratory, 1997-INA-362 (March 10, 1998). In some circumstances it requires more than a single type of attempted
contact. Yaron Development Co., Inc., 1989-INA-178 (Apr. 19, 1991) (enbanc). An employer who does no more than make unanswered phone calls or leave a message on an answering machine has not made a reasonable effort to contact the U.S. worker, where the addresses were available for applicants; in such a case the employer should follow up with a letter –which may be certified mail, return receipt requested. Any Phototype, Inc., 1990-INA-63 (May 22, 1991); Gambino’s Restaurant, 1990-INA-320 (Sept. 17, 1991). M.N. Auto Electric Corp., USDOL/OALJ Reporter at 10-11.

In the instant case, the Employer argued that its efforts to telephone or email two of the applicants in order to schedule an interview constituted good faith recruitment because such a procedure is the way recruitment normally occurs in its business. We agree with the CO, however, that what may be considered adequate recruitment by anemployer for routine hiring is not necessarily adequate to establish good faith efforts to recruit U.S. workers for the purposes of supporting a labor certification application. Clearly, sending a recruitment letter to the two applicants who could not be reached by telephone would not be an undue burden. In the instant case, there is no evidence that the Employer attempted any alternative means of contact, by certified mail or regular mail, despite the unsuccessful telephone calls and email. The Employer’s meager steps toward trying to reach applicants show a minimal effort that by itself does not equate to a good faith recruitment effort. The Employer's effort must show that it seriously wanted to consider the U. S. applicant for the job, not to merely go through the motions of a
recruiting effort without serious intent. Dove Homes, Inc., 1987-INA-680 (May 25, 1988)
(en banc); Suniland Music Shoppes, 1988-INA-93 (Mar. 20, 1989) (en banc)."

BALCA Case No.: 2008-INA-00065

Immigration Help for Military

Information Help for Members of the Military and Their Families

Military Help Line

USCIS has established a toll-free military help line, 1-877-CIS-4MIL (1-877-247-4645), exclusively for members of the military and their families. USCIS customer service specialists are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. (CST), excluding federal holidays. After-hours callers will receive an email address that they can use to contact USCIS for assistance. Callers will receive assistance with immigration-related information, such as:

Tracking their application for naturalization (Form N-400);
Notifying USCIS of a new mailing address or duty station;
Checking the status of an application or petition;
Bringing a spouse, fiancé(e) or adopted child to the United States;
Obtaining posthumous citizenship for a deceased member of the Armed Services; and
Submitting an application for expedited processing.

Service members and their families stationed in the United States or overseas may access the help line using the toll-free number, through their base telephone operator or using the Defense Switched Network (DSN). Operators will ask members of the general public to call our main customer service line: 1-800-375-5283.

If you are unsuccessful in getting your answers from USCIS, please feel free to contact our office at vmartin@cundyandmartin.com or www.cundyandmartin.com for help from a Minnesota Immigration Lawyer.