During the 2017-2018 school year St. Cloud Area School District filed 6 LCA Applications for 13 H-1B visas for Chinese immersion teachers.
St. Cloud Public Schools Chinese Language Teachers
Independent
School District #724 - St. Cloud Area School District supplied incorrect or
false information on the Labor Condition Applications submitted to the U.S.
Department of Labor.
For the
2017-2018 academic school year St. Cloud Area School District 742 sponsored 14 H1-B visas for members of its teaching staff. ISD 742 submitted six (6) Labor
Condition Applications for Nonimmigrant Workers ETA Form 9035 for these 14 H-1B
workers. The majority of these temporary non-immigrant workers are employed as
Chinese immersion elementary classroom teachers at Madison Elementary School
located at 2805 N. Ninth Street in St. Cloud, Minnesota. The case numbers are
as follows:
I-200-16026-752335 – New Employment – Chinese Immersion – 2016-2019
(1 Person)
I-200-16034-768590 – New Employment – Chinese Immersion –
2016-2019 (4 People)
I-200-16034-864074 – New Employment – Chinese Immersion –
2016-2019 (2 People)
I-200-17046-910268 – New Employment – Chinese Immersion –
2017-2020 (5 People)
I-200-16088-371565 – Continuation – Chinese Immersion – 2017-2020
(5 People)
I-200-16088-626930 – Continuation – Spanish Immersion – 2017-2020
(1 Person)
If I correctly
interpret the information submitted by St. Cloud Area School District, I would
expect to find five (5) new hires for their Chinese immersion program and seven
(7) staff members returning to the Chinese immersion program for their second
year. That is not the case.
According to
information from the Minnesota Department of Education, St. Cloud Area School
District hired four (4) new H-1B employees for its Chinese immersion program
and the remaining staff members have worked anywhere from 2 to 7 years for the
school district.
Therefore, the
data provided in the Labor Condition Applications for Nonimmigrant Workers ETA
Form 9035 and the staff information from the Minnesota Department of Education
does not match. St. Cloud Area School District 742 must have falsified or
misrepresented itself on all of the submitted Labor Condition Applications. I
hope that the U.S. Department of Labor Wage and Hour Division will investigate
this complaint against St. Cloud Area School District to determine if the
school district is in compliance or not.
2017-2018 Non-Licensed Community Experts
A Community Expert is defined as follows:
Non-Licensed Community
Expert: A
special permission granted to a school district to hire an individual who is
not a licensed teacher, but has a specific area of expertise related to the
teaching assignment. Used in circumstances for when a teaching license does not
exist, or when used to fill a teaching vacancy for which licensure is
available, assumes the individual is working toward full licensure. (Minnesota
Statutes, section 122A.25).
Yuan Lu
Yuan Lu is a possible overstay. She has been employed by St. Cloud Public Schools since 2011. Beginning this fall this will be her 8th year of employment. Under the H-1B visa program foreign nationals may be employed up to six years.
The 1924 Immigration Act [3] made obtaining a visa under a false name or submitting false evidence in support of a visa application a federal crime.
The 1924 Immigration Act [3] made obtaining a visa under a false name or submitting false evidence in support of a visa application a federal crime.
According to instructions for completing ETA 9035 – Labor Condition Application for H-1B Non-immigrants it clearly states, “To knowingly furnish any false information in the preparation of this form and any supporting documentation thereto, or to aid, abet or counsel another to do so is a felony, punishable by $10,000 fine or five years in the penitentiary, or both (18 U.S.C. 1001). Other penalties apply as well to fraud or misuse of this immigration document (U.S.C. 1546) and to perjury with respect to this form (18 U.S.C. 1546 and 1621).”
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
Sec. 212. [8 U.S.C. 1182]
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
1907. Title 8, U.S.C. 1324(a) Offenses
Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
License 462744 Detail
License Information
Issued To: YUAN LU
File Folder Number: 462744
Standard License Detail
Student Level
|
Scope
|
Function Code
|
Function Description
|
Recommending Institution
|
Expiration Date
|
K-6
|
FULL TIME
|
180100
|
ELEMENTARY EDUCATION
|
HAMLINE UNIVERSITY
|
06/30/2021
|
K-12
|
FULL TIME
|
190200
|
EMOTIONAL BEHAVIOR DISORDERS
|
SAINT CLOUD STATE UNIVERSITY
|
06/30/2021
|
Renewal of license(s) will require completion of 125 clock hours verified by a Minnesota local continuing education committee. If you have been or are currently employed by a Minnesota school district, please contact the district's local continuing education committee.
If you do not live in Minnesota and have never been employed in Minnesota, you may renew your license by submitting an official transcript verifying 12 quarter or 8 semester credits in the licensure area(s) or in general education courses. These credits must have been earned within the five year period immediately preceding the renewal. Both of the renewal options indicated above must include the specific professional development requirements in rules that are in effect at the time of renewal. | |||||
Special Permission Detail
District
|
Approval Type
|
Date Approved
|
Begin Date
|
End Date
|
Function Code
|
Function Description
|
Student Level
|
0742-01
|
Variance
|
07/30/2014
|
08/25/2014
|
06/30/2015
|
180100
|
ELEMENTARY EDUCATION
|
K-6
|
0742-01
|
Variance
|
08/23/2013
|
08/26/2013
|
06/10/2014
|
180100
|
ELEMENTARY EDUCATION
|
K-6
|
0742-01
|
Variance
|
08/24/2012
|
08/27/2012
|
06/07/2013
|
180100
|
ELEMENTARY EDUCATION
| |
0742-01
|
Variance
|
08/30/2011
|
08/30/2011
|
06/07/2012
|
180100
|
ELEMENTARY EDUCATION
|
K-6
|
Historical Application Detail
License Type
|
Date Registered
|
Status
|
Date of Action
|
Standard
|
02/04/2016
|
Issued
|
02/05/2016
|
Standard
|
12/24/2014
|
Issued
|
12/29/2014
|
Standard
|
05/27/2011
|
Issued
|
06/23/2011
|
Tingting Zheng
Tingting Zheng is a possible overstay. She has been employed by St. Cloud Public Schools since 2012. Beginning this fall this will be her 7th year of employment. Under the H-1B visa program foreign nationals may be employed up to six years.
District Contact Information
Willie L. Jett II
Superintendent
St. Cloud Area School District
1000 North 44thAvenue, Suite 100
St. Cloud, MN 56303
https://www.isd742.org
willie.jett@isd742.org
Tel. 320-253-9333
ISD 742 - St. Cloud Public Schools Bargaining Unit
Executive Board
President, Mary Broderick, (320) 253-2530
Vice-President, Chris Erickson, Media
Treasurer, Jody Voigt, Apollo
At-Large Representative, Jane Torgeson, McKinley
At-Large Representative, Sue Ormsby, Oak Hill
Elementary School Representative, Kris Wilger, Kennedy
Middle School Representative, Rick Wilson, North
High School Representative, Chris Ann Johnson, Apollo
Special Ed Representative, Craig Slocum, Riverwoods
Building Chairpersons
ALC McKinley, Mike Myers-Schleif
Apollo, Chris Ann Johnson and Rick Larson
City Life, Clearview, Deb Leadem
COII-SCSU, Colts Academy, Ron Peters
Colts/Discovery, Jean Motschke
Community Education ABE, Julia Fajardo
DAO, Discovery, Ted Hanson
Kennedy, Kris Wilger
Lincoln, Stephen Browning
Madison, Lindsey Nagorski
North, Rick Wilson
Oak Hill, Shelby Erickson
Riverwoods, South, Jeb Gainey
Talahi, Ruth Johnson
Tech, Craig Aycock
Westwood, Terri Kerber
3051 2nd St. S. Suite 202
Saint Cloud, MN 56301-3897
Phone: (320) 253-2530
E-mail address: SCEAemail@gmail.com
Saint Cloud, MN 56301-3897
Phone: (320) 253-2530
E-mail address: SCEAemail@gmail.com
Legal Counsel
Charles A. Roach
150 South Fifth Street, Suite 3460
Minneapolis, MN 55402
croach@fordharrison.com
Charles Roach also serves as legal counsel for Minnetonka Public Schools.
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