Thursday, November 22, 2018

H-1B Visas & the Musical Chairs Phenomenon

In reviewing Labor Condition Application it is interesting to note the musical chair phenomenon that often occurs. An H-1B worker will work six years districts in one school and then will be begin working for another. 


Excelsior Elementary School - Congyu Zhang

Congyu Zhang has been teaching in Minnesota continuously since 2010. This fall will be her 9th year of teaching. Prior to teaching in Minnetonka, she taught in ISD 742 - St. Cloud Public Schools for 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. 


NameSchool YearSchool DistrictLicensureYear #LCA ApplicationType
Congyu Zhang2010-2011ISD 742 - St. CloudCommunity Expert1
Congyu Zhang2011-2012ISD 742 - St. CloudCommunity Expert2
Congyu Zhang2012-2013ISD 742 - St. CloudCommunity Expert3\
Congyu Zhang2013-2014ISD 742 - St. CloudCommunity Expert4
Congyu Zhang2014-2015ISD 742 - St. CloudCommunity Expert5
Congyu Zhang2015-2016ISD 742 - St. CloudCommunity Expert6
Congyu Zhang2016-2017ISD 276 - MinnetonkaLicensed Teacher7I-200-16127-165394Change in Employer
Congyu Zhang2017-2018ISD 276 - MinnetonkaLicensed Teacher8I-200-16127-165394Change in Employer
Congyu Zhang2018-2019ISD 276 - MinnetonkaLicensed Teacher9I-200-16127-165394Change in Employer

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]
C) Misrepresentation.- 
(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. 
License 494741 Detail
License Information

Issued To:                                    CONGYU ZHANG 
File Folder Number:                  494741


Standard License Detail
Student Level
Scope
Function Code
Function Description
Recommending Institution
Expiration Date
K-6
IMMERSION
180100
ELEMENTARY EDUCATION 
HAMLINE UNIVERSITY 
06/30/2021 
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
0742-01
Community Expert
09/11/2015 
08/24/2015 
06/06/2016 
180100
ELEMENTARY EDUCATION 
K-6
0742-01
Community Expert
09/15/2014 
08/25/2014 
06/30/2015 
180100
ELEMENTARY EDUCATION 
K-6
0742-01
Community Expert
09/16/2013 
08/26/2013 
06/10/2014 
180100
ELEMENTARY EDUCATION 
K-6
0742-01
Community Expert
09/14/2012 
09/14/2012 
06/06/2013 
180100
ELEMENTARY EDUCATION 
K-6
0742-01
Community Expert
04/10/2012 
04/10/2012 
06/30/2012 
180100
ELEMENTARY EDUCATION 
K-6
0742-01
Community Expert
09/17/2010 
09/17/2010 
12/03/2010 
180100
ELEMENTARY EDUCATION 
K-6

Historical Application Detail
License Type
Date Registered
Status
Date of Action
Standard
05/25/2016 
Issued
06/03/2016 

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Bo Liu

Bo Liu is a new hire with Minnetonka Public Schools. Prior to coming to Minnetonka, she worked at Yinghua Academy for six years. 

Name
School Year
School District
Licensure
Year #
LCA Application
Type
Bo Liu
2012-2013
Yinghua Academy
Community Expert
1
N/A
Bo Liu
2013-2014
Yinghua Academy
Community Expert
2
N/A
Bo Liu
2014-2015
Yinghua Academy
Community Expert
3
N/A
Bo Liu
2015-2016
Yinghua Academy
Community Expert
4
N/A
Bo Liu
2016-2017
Yinghua Academy
Licensed Teacher
5
N/A
Bo Liu
2017-2018
Yinghua Academy
Licensed Teacher
6
N/A
Bo Liu
2018-2019
ISD 276 - Minnetonka
Licensed Teacher
7
Change in Employer
Bo Liu
2019-2020
ISD 276 - Minnetonka
Licensed Teacher
8
Change in Employer
Bo Liu
2020-2021
ISD 276 - Minnetonka
Licensed Teacher
9
Change in Employer

License 489843 Detail
License Information

Issued To:                             BO LIU 
File Folder Number:            489843

Standard License Detail
Student Level
Scope
Function Code
Function Description
Recommending Institution
Expiration Date
K-12
FULL TIME
060203
CHINESE 
UNIV OF MARYLAND UNIV COLLEG 
06/30/2021 
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.
  


Special Permission Detail
District
Approval Type
Date Approved
Begin Date
End Date
Function Code
Function Description
Student Level
4140-07
Community Expert
11/14/2014 
11/01/2014 
08/15/2015 
060203
CHINESE 
K-12
4140-07
Community Expert
09/15/2014 
08/25/2014 
08/15/2015 
180100
ELEMENTARY EDUCATION 
K-6
4140-07
Community Expert
09/16/2013 
09/01/2013 
06/10/2014 
180100
ELEMENTARY EDUCATION 
K-6
4140-07
Community Expert
08/10/2012 
08/20/2012 
06/30/2013 
180100
ELEMENTARY EDUCATION 
K-6


Historical Application Detail
License Type
Date Registered
Status
Date of Action
Standard
06/17/2016 
Issued
06/20/2016 
Standard
08/24/2015 
Issued
08/28/2015 

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. 

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]
C) Misrepresentation.- 
(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.





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.
Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

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