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  1. Help Celebrate the Launch of a New NGO to Assist Asylum Seekers

    The community of asylum seekers (people waiting for their asylum cases) has grown exponentially over the past few years. Across the U.S., something like 540,000 people--including many asylum seekers--are waiting for their Immigration Court cases, and over 150,000 otehrs are waiting for their cases to be decided by the Asylum Office. Because this "backlog" is relatively new, there is a dearth of services available for such asylum applicants. A new non-profit aims to help fill that gap.
    There are more people in the backlog than in Cleveland, Ohio (and which group is worse off, I am not sure).
    The Asylum Seeker Assistance Project ("ASAP") is a community-based nonprofit providing comprehensive services to support the estimated 50,000 individuals pursing asylum in the Washington, DC-Metro region. The group launched in 2016 and received its 501(c)(3) non-profit status earlier this week (so donations are tax deductible). Its mission is to provide services that support the safety, stability, and economic security of asylum seekers and their families. ASAP's programs include:

    Employment
    : ASAP’s employment program combines individualized career planning, 30-hours of job readiness training, and job placement services to address common employment barriers encountered by asylum seekers. The goal is to equip asylum seekers with the knowledge, skills, and resources needed to secure and retain safe, legal, and purposeful employment.


    Community
    : ASAP’s community program facilitates opportunities for asylum seekers to connect with each other, ASAP volunteers, and the larger community. The group also maintains a list of asylees willing and able to provide support and guidance to newly arrived asylum seekers.


    Legal
    : ASAP offers asylum law trainings, legal information sessions, and “Know Your Rights” workshops on demand to clients, attorneys, law students, and community partners. ASAP can also provide targeted referrals to pro bono and low bono immigration legal service providers.


    Outreach
    : ASAP conducts educational awareness events co-facilitated by asylum seekers and asylees. The organization has given talks and presentations to audiences ranging from elementary school-aged children to adults. By engaging audiences of all ages, ASAP works to plant the seeds of social change.


    Social Services
    (Coming 2018): ASAP works with clients to create a comprehensive assessment of their life in the U.S. in order to identify client needs, recognize strengths, and prioritize goals. ASAP works with a coalition of community partners to provide information, resources, and referrals to ensure client safety and stability.


    To celebrate this new organization and to congratulate ASAP's first class of asylum seekers who will have completed an intensive one-week job readiness training, the group is holding an event called Together We Rise: A Family-Friendly Celebration on April 29, 2017 from 3:00 to 6:00 PM in Bethesda, Maryland. You can sign up for this free event, or make donations, here. The celebration will include food and friends, and activities for the younger guests, such as face-painting, fishing for ducks in a "pond," and henna art.


    To learn more about the party and ASAP, visit the group's Facebook page here, or email them at asylumprojectdc@gmail.com. Also, if you would like to make a donation to this worthy cause, please contact ASAP
    at asylumprojectdc@gmail.com.

    Originally posted on the Asylumist: www.Asylumist.com.

    Updated 04-14-2017 at 09:11 AM by JDzubow

  2. H-1B Employer Allowed to Deduct Attorney Fees in This Case

    By Bruce Buchanan, Sebelist Buchanan Law

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    A Department of Labor Administrative Law Judge (ALJ) ruled that an employer who deducted an H-1B visa holder’s attorney’s fees from the employee’s accrued vacation time did not violate the Immigration and Nationality Act (INA). Administrator, Wage and Hour Division, Department of Labor v. Woodmen of the World Life Insurance Society.

    Woodman Life hired Oscar Garcia initially under TN non-immigrant visa status. Later, Woodmen Life submitted an H-1B visa to the USCIS, which was approved. After approval, Woodmen Life and Garcia entered into an agreement whereby Garcia would repay certain expenses, including attorney’s fees, related to the H-1B petition. When Garcia’s employment ended, based upon Garcia’s resignation, he received a final paycheck which deducted $5,800 for attorney’s fees from $9,644 which was owed for accrued but unused vacation.

    The DOL Administrator filed suit against Woodmen Life alleging $4,575 was unlawfully deducted from Garcia’s wages. (DOL determined $1,225 for premium processing was included in the $5,800 and was an allowable expense to be paid by Garcia.) The Administrator stated the $4,575 deducted from Garcia’s last paycheck was not allowed because it took his wages below the required wage. Woodmen Life asserted Garcia’s final paycheck did not fall below the required wage because Garcia’s vacation pay was accrued and did not affect the required wage. Under Woodmen Life’s vacation policy, if an employee resigns or is terminated, “accrued but unpaid vacation leave” will be paid in the final paycheck. Furthermore, Woodmen Life stated it treated Garcia the same as other employees who owed money to the company, such as for a tuition repayment plan.

    Under the statute, employers are prohibited from seeking repayment of H-1B attorney’s fees and expenses from the required wage. However, the ALJ found in this case the $4,575 was not deducted from the required wage; rather, it was deducted from Garcia’s benefits. The ALJ found the statute allowed this type of deduction, especially where it was consistent with Woodmen Life’s policy of repayment for certain expenses from accrued but unused vacation time.
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