On March 17, 2018 I asked Nik Lightfoot if a new LCA application had been filed for Rong Zhan and Daoyu Liu. He replied on Marsh 23, 2018 stating, "A new LCA application has not been filed for either."
Yet, soon after this email exchange the Labor Condition application were filed for both workers.
Yet, soon after this email exchange the Labor Condition application were filed for both workers.
From: Nik Lightfoot <Nik.Lightfoot@hopkinsschools.org>Date: March 23, 2018 2:51:54 PM
From: Lisa Wedell Ueki <lisaueki@me.com>
Subject: RE: Labor Condition ApplicationsLisa:I apologize for my delay in getting back to you.A new LCA application has not been filed for either.Best,NikFrom: Lisa Wedell Ueki <lisaueki@me.com>Sent: Saturday, March 17, 2018 1:00 PMTo: Nik Lightfoot <Nik.Lightfoot@hopkinsschools.org>Subject: Labor Condition ApplicationsGood Morning,I noticed the Labor Condition Applications for Rong Zhan and Daoyu Liu are set to expire this year. Did you submit a new LCA application for them? I see you typically apply in early March.Thank you,Lisa Wedell Ueki
2018 Labor Condition Applications
2018-2019 Non-Licensed Community Experts
A Community Expert is defined as follows:
License 488712 Detail
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).
2. Yuqi Li This request is for the
2017-2018 school year. We need the community expert license in order to obtain
a visa to work in the USA.
4. Ruoxi Song Her Labor Condition Application (LCA) lists her employment as "new employment. However, during the 2016-2017 school year she worked for Lakes International Language Academy in Forest Lake. On the non-licensed community expert (NLCE) application it states, "She worked successfully in the 2016-2017 school year for Forest Lake Schools. The position is being eliminated at Forest Lake."
5. Dan Zhao is a Hanban/Confucius Institute sponsored teacher who just arrived in the USA on a J-1 visa to teacher. This is a special exchange arrangement with Hanban/Confucius Institute.
4. Ruoxi Song Her Labor Condition Application (LCA) lists her employment as "new employment. However, during the 2016-2017 school year she worked for Lakes International Language Academy in Forest Lake. On the non-licensed community expert (NLCE) application it states, "She worked successfully in the 2016-2017 school year for Forest Lake Schools. The position is being eliminated at Forest Lake."
5. Dan Zhao is a Hanban/Confucius Institute sponsored teacher who just arrived in the USA on a J-1 visa to teacher. This is a special exchange arrangement with Hanban/Confucius Institute.
Problematic Issues with these LCA Applications
Daoyu Liu
Daoyu Liu
Daoyu Liu is a possible overstay. He has been employed by Hopkins Public Schools since 2012. Beginning this fall this will be his 7th year of employment. Under the H-1B visa program temporary non-immigrants may be employed up to six years.
On the Hopkins District website it states, "Daoyu Liu began teaching in the Hopkins Public Schools in 2012. He completed his BA in Applied Psychology at Southern Medical University in Guangzhou. He then came to the University of Minnesota to continue his studies in Educational Psychology. He received his MA from the University of Minnesota in 2012."
License 488712 Detail
License Information
Issued To: DAOYU LIU
File Folder Number: 488712
Standard License Detail
Student Level
|
Scope
|
Function Code
|
Function Description
|
Recommending Institution
|
Expiration Date
|
K-6
|
IMMERSION
|
180100
|
ELEMENTARY EDUCATION
|
HAMLINE UNIVERSITY
|
06/30/2020
|
If you have been or are currently employed by a Minnesota school district, renewal of this license will require completion of 125 clock hours verified by 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. This license is valid for teaching in an immersion school only. This license may be revoked based on the results of the background check. | |||||
Special Permission Detail
District
|
Approval Type
|
Date Approved
|
Begin Date
|
End Date
|
Function Code
|
Function Description
|
Student Level
|
0270-01
|
Community Expert
|
06/12/2015
|
08/24/2015
|
06/07/2016
|
180100
|
ELEMENTARY EDUCATION
|
K-6
|
0270-01
|
Community Expert
|
09/15/2014
|
09/02/2014
|
06/09/2015
|
180100
|
ELEMENTARY EDUCATION
|
K-6
|
0270-01
|
Community Expert
|
03/15/2013
|
09/01/2013
|
06/30/2014
|
180100
|
ELEMENTARY EDUCATION
|
K-6
|
0270-01
|
Community Expert
|
06/15/2012
|
08/24/2012
|
06/10/2013
|
180100
|
ELEMENTARY EDUCATION
|
K-6
|
Historical Application Detail
License Type
|
Date Registered
|
Status
|
Date of Action
|
Standard
|
07/07/2015
|
Issued
|
07/09/2015
|
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).”
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.
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.
On the Hopkins District website it states, "During Rong's seven years in Beijing, she taught international students from all over the world Chinese. Rong got her K-12 teaching Chinese license from St. Cloud State University. Rong continues attending courses and workshops to learn more teaching strategies and theories. She is very excited to work at Eisenhower /XinXing Academy and looks forward to working with you."
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).”
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.
Rong Zhan
1. Rong Zhan is listed as "New Employment" in 2015, but began teaching for Hopkins Public Schools in 2014.
On the Hopkins District website it states, "During Rong's seven years in Beijing, she taught international students from all over the world Chinese. Rong got her K-12 teaching Chinese license from St. Cloud State University. Rong continues attending courses and workshops to learn more teaching strategies and theories. She is very excited to work at Eisenhower /XinXing Academy and looks forward to working with you."
License 482737 Detail
License Information
Note: Due to a statutory requirement, many licenses were extended by one-year. Please refer to the license details section for the most current expiration date. The expiration date on the license PDF may not have updated.
Note: As of July 1, 2018 Minnesota moved to a tiered Licensure structure for teacher licensure. Licenses issued after this date were issued as or converted to a tiered license.
Issued To: RONG ZHAN
File Folder Number: 48273
Standard License Detail
| Student Level | Scope | Function Code | Function Description | Recommending Institution | Expiration Date |
|---|---|---|---|---|---|
| K-6 | FULL TIME | 180100 | ELEMENTARY EDUCATION | HAMLINE UNIVERSITY | 06/30/2020 |
| K-12 | FULL TIME | 060203 | CHINESE | SAINT CLOUD STATE UNIVERSITY | 06/30/2020 |
| 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. NOTE: Expiration dates have been correlated to avoid multiple renewal fees. | |||||
Special Permission Detail
| District | Approval Type | Date Approved | Begin Date | End Date | Function Code | Function Description | Student Level |
|---|---|---|---|---|---|---|---|
| 0270-01 | Variance | 09/19/2017 | 09/12/2017 | 06/12/2018 | 180100 | ELEMENTARY EDUCATION | K-6 |
| 0270-01 | Variance | 09/06/2016 | 08/29/2016 | 06/05/2017 | 180100 | ELEMENTARY EDUCATION | K-6 |
| 0270-01 | Variance | 07/06/2015 | 08/24/2015 | 06/07/2016 | 180100 | ELEMENTARY EDUCATION | K-6 |
| 0270-01 | Variance | 10/24/2014 | 10/20/2014 | 06/09/2015 | 180100 | ELEMENTARY EDUCATION | K-6 |
Historical Application Detail
| License Type | Date Registered | Status | Date of Action |
|---|---|---|---|
| Standard | 05/25/2018 | Issued | 06/01/2018 |
| Standard | 08/06/2014 | Issued | 08/13/2014 |
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).”
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.
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).
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