Attorney In Immigration
Posts tagged Internal Revenue Service
10 illegal aliens cheat IRS out of 13 million of your tax dollars
By David Dykes
Jul 29th
10 illegal aliens in S.C. admit to bilking I.R.S. out of $13 million
Ten people illegally in the United States pleaded  guilty for their involvement in a four-year, $13 million fraud against the Internal Revenue Service, acting U.S. Attorney Kevin F. McDonald said thursday.
Nine defendants pleaded guilty to conspiracy to commit mail fraud and for entering the United States without authorization, Assistant U.S. Attorney David C. Stephens told The Greenville News .
The 10th defendant pleaded guilty to mail fraud and illegal entry, Stephens said. Senior U.S. District Judge G. Ross Anderson Jr. accepted the pleas and will sentence the defendants later.
“This is the largest tax fraud case that I’m aware of ever occurring in the district of South Carolina,†Stephens said. “This is an extraordinarily serious, large case.â€
McDonald said that between 2006 and November 2009, two tax preparation businesses, Seguros Internacionales, operating in Spartanburg and Forest City, N.C., and Poz Servicios Para Hispanos,
operating in Boiling Springs, along with affiliated individuals filed more than 10,000 federal income tax returns claiming more than $22 million in refunds.
The IRS paid approximately $13 million in refunds before criminal investigators discovered most of the returns filed were fraudulent, McDonald said
Seguros Internacionales and Poz Servicios Para Hispanos have been shut down, he said.
Agents estimate at least 20 people were involved in operating the scheme in which tax preparers knowingly claimed tax credits or deductions to which filers weren’t entitled, McDonald said.
One tax credit improperly claimed on a majority of the false returns was for child care expenses, prosecutors said. The credit can result in a refund even if no taxes were paid, prosecutors said.
Of the 10 people pleading guilty Thursday, nine were “runners†who solicited others to have their returns falsely prepared and then assisted them in getting their refund checks cashed, Stephens said.
McDonald identified them as Edgar Carrillo-Borjas, Miguel Angel Carrillo-Borjas, David Hernandez-Juarez, Ariana Canseco-Orozco, Maribel Juan-Orozco, Cristina Sanchez-Perez, Juan Carlos
Carrillo-Roy, Carlos Carrillo-Rodriguez, all of Mexico, and Luis Gerardo Mora-Vargas, of Costa Rica.
The 10th person, Omar Maldonado-Cardenas, of Mexico, had an active role running the day-to-day operations at Seguros Internacionales for two years, McDonald said.
He said two other people in the case pleaded guilty in federal court earlier this year to obstruction of justice.
Juan Manuel Galban Ortega and Rodolfo Magana Escoto, both of Mexico, admitted burning documents and records associated with Seguros Internacionales, according to McDonald and federal court records.
On Nov. 17, approximately 100 law enforcement agents served search warrants and conducted interviews at various locations throughout the Upstate in connection with the investigation, McDonald said.
According to prosecutors, the 12 people who were convicted remain in federal custody and are awaiting sentencing. They face maximum penalties ranging from five to 20 years. All will be deported
after completing their sentences, prosecutors said.
In connection with the case, five more people were arrested this week and charged with conspiring to defraud the United States, according prosecutors and court records.
Those arrested included Yolanda Poz of Boiling Springs, Lisa Mendoza of Spartanburg, Teresa Bravo of Pacolet, and Ashley Moore of Forest City, according to McDonald and court records. A fifth person was arrested Thursday, Stephens said.
None could be reached for comment.
The investigation is ongoing, and more charges are likely, McDonald said.
He said the case is being investigated by agents from the IRS, the United States Postal Inspection Service, and U.S. Immigration and Customs Enforcement
Source: http://www.greenvilleonline.com/
H-1B Visa – 12 Common Myths and Realities
VisaPro.com
Jul 14th
The H-1B visa category is one of the most preferred visas for foreign nationals who wish to work in the U.S. However there are many Myths attached to it. Let’stake a look at these myths and learn the true reality about H-1B visa.
Myth #1: H-1B visas are available any time during the year.
Reality: No. The H-1B filing period begins on April 1 of each fiscal year for employment that commences on October 1. The filing period closes as soon as USCIS receives sufficient petitions to meet the 65,000 H-1B visa cap. Once the cap for a particular year has been reached, the filing period will be closed and will open again on April 1 for the next fiscal year. However, certain cap exempt H-1B petitions, such as transfers and change of employers, can be filedanytime during the year.
Myth #2: I have a bachelor’s degree, so I qualify for an H-1Bvisa.
Reality: This is a wrong statement, or to be more precise, I would say this is incomplete information! A bachelor’s degree is one of the requirements for an H-1B visa, however the job offered to the foreign national must also require a bachelor degree as a minimum for entry into the position. In addition, your educational qualification must match the requirements of the job offered to you.  For instance, if the normal requirement for an accountant is a bachelor’s degree in accounting, you would not automatically qualifyfor H-1B status if your degree is in business administration.
Myth #3: Only big firms and/or companies may obtain H-1B visas for their employees.
Reality: This is absolutely not at all true. Any size U.S. employer may petition for an H-1B employee, as long as it is a U.S. entity and a tax identification number issued by the Internal Revenue Service (IRS). Many smaller companies may have to provide additional financial and business information to establish the need for the position sought and that they are operational. There is, however, no minimum business revenue required.
Myth #4: All foreign nationals are subject to the 65,000 H-1B Cap.
Reality: Again, not true. Although there is a 65,000 annual cap on new H-1B visas issued, beginning with each new fiscal year on October 1, there are exemptions from that H-1B cap (cap-exempt petitions). Foreign nationals who are already in the U.S. in H-1B status are exempt from the cap if they have already been counted for the cap in a previous year, e.g., a foreign national in H-1B status is exempt from the cap when a new employer files an H-1B petition for them.
Also exempt are employers that are post-secondary educational institutions such as universities and colleges (including two-year technical schools) and their non-profit affiliates, as are exempt employers that are nonprofit research organizations and government research organizations. Included in the exemption for these last groups are workers who will work at the locations of these organizations even though they are actually employed by for-profit companies. For example, physicians who are privately employed but work at university-affiliated hospitals will qualify for cap-exempt H-1B status. Also important to the cap count are the 20,000 exemptions available for each fiscal year for H-1B petitions where the beneficiary holds an advanced degree (masters degree or higher) from a U.S. educational institution (for these exemptions a foreign degree equivalency is not sufficient).
Myth #5: To qualify for the H-1B visa, I have to prove that I intend to returnto my home country after my authorized stay in H-1B status expires.
Reality: There is no such requirement. The H-1B visa does not require non-immigrant intent, which means that you can have an intention to apply for permanent residence in the U.S. and still obtain an H-1B visa. H-1B visa supports the doctrine of dual intent.
Myth #6: The U.S. employer has to prove that he has attempted to recruit U.S. workers through advertising before filing the H-1B petition.
Reality: No. There is no such requirement. U.S. employers are not required to prove that they have attempted to recruit U.S. workers before filing the H-1B petition for the foreign national. The only exceptions are H-1B dependent employers and employers who received TARP funds.
Note: H-1B dependent employers are defined as those employers who have morethan 15% of their employees in H-1B status.
Myth #7: I can start working as soon as my U.S. employer files the H-1B petition.
Reality: The answer here depends on your current status in the U.S. If you already have H-1B status and are in the U.S. working for a sponsoring employer, you can begin working for a new H-1B employer as soon as the new employer files a new H-1B petition on your behalf. In all other cases you have to wait for the H-1B approval before legally starting to work. For instance, if you hold F-1 status and do not have an Employment Authorization Document (EAD), you must wait for the H-1B approval before you can start working.
Myth #8: I am on F-1 status with an Optional Practical Training work permit (OPT) that expires on August 1. My employer wants to file an H-1B petition for me, however, because of the H-1B cap, the earliest start date for me with H-1B status will be October 1. I have to stop working on August 1.
Reality: Not necessarily! Under current rules, if your H-1B petition is filed before your F-1 OPT expires, you may continue working after the OPT expires. If your H-1B is approved for an October 1 start date, your OPT will be extended and your status will be changed from F-1 to H-1B on October 1. If your H-1B is denied after your OPT expires, you must stop working.
Myth #9: Once I have an H-1B visa, I can work for any employer.
Reality: Not true. An H-1B visa is employer specific, which means you can only work for the petitioning employer. If you want to work for a new employer, the new employer must file a new H-1B petition for you.
Myth #10: I cannot travel outside the U.S. while I am on H-1B.
Reality: Absolutely wrong! You can travel in and out of theU.S. freely as long as your H-1B visa is valid.
Note: If you have got the change of status done in the U.S., you needto have visa stamped in your passport to enter into the U.S.
Myth #11: My employer cannot dismiss me from employment as long as my H-1B is valid.
Reality: Absolutely wrong! There is no such thing as guaranteed employment based on an H-1B visa. Subject to employment laws, an employer can dismiss an H-1B worker at any time during the validity period of the H-1B visa. However, in such a situation, the employer will be responsible for the worker’s reasonable costs of return transportation to his or her home country if the worker chooses to return. Also, if your employment is terminated, you lose your H-1B status unlessyou have a new employer who files an H-1B petition for you before you stop working.
Myth #12: Â H-1B workers do not pay taxes.
Reality: This is not at all true. H-1B workers are pay the same taxes on worldwide income as U.S. workers. They also pay the same socialsecurity, unemployment and state taxes.
Conclusion:
If you are an employer and wish to file an H-1B petition for your employee, make sure that you are not surrounded by any myths about H-1B visa. If you have any confusion or are not clear about the process, it is always recommended to consult an expert.
Considering the increased scrutiny by USCIS we advise you to contact VisaPro immigration attorneys to review the background of the candidates you have identified and assist you with the H-1B visa processing.
Source: http://www.visapro.com/Immigration-Articles/?a=1388&z=48
