By: NPZ Law Group, P.C.

The White House provided a fact sheet detailing new DHS actions intended to attract and maintain STEM talent in the US. These include DHS policy manual updates on O-1 visas, creation of the Early Career STEM Research Initiative, changes to SEVP, USCIS policy manual updates, and more.
 

• The U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) is announcing an “Early Career STEM Research Initiative,” to facilitate non-immigrant BridgeUSA exchange visitors coming to the United States to engage in STEM research through research, training or educational exchange visitor programs with host organizations, including businesses. ECA is also announcing new guidance that will facilitate additional academic training for undergraduate and graduate students in STEM fields on the J-1 visa for periods of up to 36 months.

 

• Department of Homeland Security Secretary Mayorkas is announcing that 22 new fields of study are now included in the STEM Optional Practical Training (OPT) program through the Student and Exchange Visitor Program (SEVP). The program permits F-1 students earning Bachelors, Masters, and Doctorates in certain STEM fields to remain in the United States for up to 36 months to complete Optional Practical Training after earning their degrees. Information on the new fields of study will be communicated to schools and students in a forthcoming Federal Register notice. The added fields of study are primarily new multidisciplinary or emerging fields and are critical in attracting talent to support U.S. economic growth and technological competitiveness.

 

• DHS is issuing an update to its policy manual related to “extraordinary ability” (O-1A) nonimmigrant status regarding what evidence may satisfy the O-1A evidentiary criteria.

 

• O-1A nonimmigrant status is available to persons of extraordinary ability in the fields of science, business, education, or athletics. In this update, DHS is clarifying how it determines eligibility for immigrants of extraordinary abilities, such as PHD holders, in the science, technology, engineering, or math (STEM) fields.

 

• The new update provides examples of evidence that may satisfy the O-1A evidentiary criteria and discusses considerations that are relevant to evaluating such evidence, with a focus on the highly technical nature of STEM fields and the complexity of the evidence often submitted.

 

• The update also emphasizes that, if a petitioner demonstrates that a particular criterion does not readily apply to their occupation, they may submit evidence that is of comparable significance to that criterion to establish sustained acclaim and recognition. Additionally, it provides examples of possible comparable evidence that may be submitted in support of petitions for beneficiaries working in STEM fields.

 

• With respect to immigration, DHS is issuing an update to its policy manual on how U.S. Citizenship and Immigration Services (USCIS), a DHS component, adjudicates national interest waivers for certain immigrants with exceptional abilities in their field of work.
  • The Immigration and Nationality Act (INA) provides that an employer can file an immigrant petition for a person of exceptional ability or a member of the professions with an advanced degree. The INA provides that USCIS may waive a job offer requirement, allowing immigrants whose work is in the national interest to petition for themselves, without an employer.
  • The USCIS policy update clarifies how the national interest waiver can be used for persons with advanced degrees in STEM fields and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities. This update will promote efficient and effective benefit processing as USCIS reviews requests for national interest waivers. This effort is consistent with the Biden-Harris Administration’s priorities to restore faith in the legal immigration system.

 
If you have any questions about how these immigration and nationality laws in the United States may impact you or your family or want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at [email protected], or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com

White House link: 
https://www.whitehouse.gov/briefing-room/statements-releases/2022/01/21/fact-sheet-biden-harris-administration-actions-to-attract-stem-talent-and-strengthen-our-economy-and-competitiveness/

Here are links to the announcements:

DHS Announcement of Three Agency Policies

https://www.dhs.gov/news/2022/01/21/dhs-expands-opportunities-us-stem-professionals

State Department Announcement on Two Agency Policies

https://www.state.gov/new-initiatives-further-opportunity-for-international-stem-students-scholars-and-researchers-u-s-entities/

DOS UPDATE: Early Career STEM Research Initiative

https://j1visa.state.gov/programs/early-career-stem-research-initiative/

DOS UPDATE: Expansion of Academic Training for J-1 STEM grads

https://j1visa.state.gov/opportunity-for-academic-training-extensions-for-j-1-college-and-university-students-in-stem-fields/

DHS UPDATE: Expansion of STEM OPT

https://www.govinfo.gov/content/pkg/FR-2022-01-21/pdf/2022-01188.pdf

USCIS Policy Guidance on O-1:

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220121-ExtraordinaryAbility.pdf

USCIS Policy update: NIW

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220121-NationalInterestWaivers.pdf

By: Joseph Imperato, Sr., Partner,
XSolutions Consulting Services, LLC

Many business owners insist they do not have any information a hacker would want. Yet, a study by Webroot finds that most ransomware targets small businesses. Why?

You Have More Data Than You Think

A typical small business most likely has the following data in its systems:

Employee Info

• Names
• Addresses
• Social Security numbers
• Telephone and cell numbers
• Personal email addresses
• Bank account information (for payroll deposits)

Client Info

• Names
• Addresses
• Telephone numbers
• Email addresses
• In some cases, corporate bank account information
• Credit card data

Remember the old commercials that used to say, “but wait; there’s more!”

Your files are likely to contain insurance information. Beneficiary forms also include data on spouses and children as well.

How Much Will A Data Breach Cost You?

To find out, I used a popular Data Breach Calculator. It estimates incident investigation, notification, and crisis management costs. I entered the tiny number of 250 exposed records, well below the number held by typical small businesses. Accordingly, this small breach would cost more than $119,000:

The above number may not be exact as breaches vary in severity, but $100K is still considerable. Can you afford it?

But—I have Insurance!

This is the response I hear often. Yes, you have insurance, but that doesn’t mean you’re covered. Let me explain.

First, make sure you have a cyber insurance policy. Most Business Owner policies do not include cyber insurance. So, check with your insurance pro.

Second, have in place what you said you did on your application. Insurance apps can be long and tedious. Sometimes, business owners check that they have certain things in place when they don’t. Your responses will be crucial while investigating claims.

Third, keep documentation on your management of required programs. For instance, Employee Security Awareness Training is often needed for cyber insurance. Your insurance company may deny your claim if you can’t show that you have not managed your program.
The bottom line is that cyber insurance is critical to all businesses in today’s climate. Make sure you have a good policy and the required security measures in place.

Conclusion

Don’t ignore security—the stakes are too high. Here are a few stats from the security company, Varonis:

• 95% of breaches are due to human error
• 36 billion records were stolen in the first half of 2020 alone
• Over 300 billion passwords are used worldwide
• It takes organizations, on average, 207 days to discover a breach
• 1 in every 4200 emails, on average, is a phish
• 17% of confidential files are accessible, by design or not, to all employees
• Ransomware damages will rise to $20 billion in 2021
• A business will become a ransomware victim every 11 seconds in 2021

​Work with your IT department or Managed IT Services Provider (MSP).  Put in place a comprehensive cybersecurity program. Additionally, NEVER operate your business without cyber insurance—it is a must-have.
​
XSolutions is an IT Services Provider serving New York (NY), New Jersey (NJ), and Connecticut (CT). We provide Managed IT Services | Managed IT Security | Backup & Disaster Recovery| Cloud Data Protection | Security Awareness Training. Call (845) 362-9675 for a free consultation.

By: Glenn Laga, Founder & President, Guardian Data Destruction

It seemed that the return to office (RTO) wave was gaining momentum until Omicron put a big, fat damper on everything. Holiday plans were canceled or pared down and, sigh, working from home (WFH) retreated to staying working from home. 

The work from home explosion is huge. Is it here to stay?

The takeaway from the Pew Research Center’s How the Coronavirus Outbreak Has – and Hasn’t – Changed the Way Americans Work is clear: while only 20% of the American workforce telecommuted prior to the COVID outbreak, 71% of workers are now working from home. 54% want it to stay that way.

Even if you argue with the numbers, everyone seems to have an opinion:  larger hiring pools, greater personal productivity, impaired company culture, difficulty creating cohesive teams and relationships.

All valid.

But what isn’t being talked about?

Security Tips for Remote Workers

How does a substantial WFH workforce affect IT planning and procurement? We’re talking about hardware in and out – projecting needs, purchasing, procurement, manufacturing and security – protecting the company from vulnerabilities. 

At Guardian, we are already seeing how this is affecting our channel partner VARs, ITADs, MSPs and resellers. They’re working with their clients to (try to) manage an unpredictable or fluctuating model that will affect their entire business plan:  refreshes, redeployment, lease returns and reselling. And, from our viewpoint, what planning is in place to control data security and data destruction for all that free-ranging equipment? 

Some considerations to add to the debate:
​

• For Refreshing IT equipment to remote teams 

When deploying new IT hardware, instead of large, palletized shipments on a common carrier to your client’s loading dock, it’s going to be hundreds (thousands) of boxes through multiple shippers. That’s an exponentially bigger packing, scanning, shipping, tracking and reporting responsibility. And, if your onsite preparation team is scaled back or not 100% onsite, you’ll likely have to configure a piecemeal or staggered equipment prep and kitting process that will undoubtedly affect timings and capacity. 

• Enterprises (data center decommissioning / lift and shifts)

If there’s no longer an office or it’s significantly downsized, does that change your IT architecture? What is the impact of serving a large, distributed WFH population? Is your onsite data center now offsite? Do you relo, COLO, consolidate or switch to EDGE computing? A thoroughly changed IT infrastructure will also be affected by chain of custody, logistics, data destruction and compliance.

• Packing and logistics

For EVERYTHING, start planning now for continued, slower transit times and much higher costs coming from a nationwide CDL driver shortage, higher gas prices and individual, express deliveries instead of common carrier shipments by pallet.

• Redeployment, lease returns, reselling, recycling remote & distributed equipment

ITADs will have to develop programs to retrieve IT equipment (all of it) for repair, refurbishment, recycling, resale and redeployment. Pallet pickups will switch to device-based, person-by-person programming, communication, packing, tracking, logistics and liability. You’ll need to devise new processes to ensure chain of custody and data compliance.

• Chain of custody and Auditing hardware from a remote workforce

Let’s say you’re shipping 999 computers. Normally you’d probably pack and track three loads of 333. If you’re servicing a large work-from-home client, gear up to track and monitor 999 serial numbers as they make their way to their final destination. The reverse is also true. How do you get computers and peripherals back from 999 different locations? And how do you ensure that there’s no live data on the devices before they’re shipped? 

Conclusion

We foresee BIG challenges as corporations plan for their future IT needs for a WFH world. Get ready for higher costs, longer SLAs, different logistics plans and a jump in chain of custody management and “paperwork” to maintain compliance and chain of custody.

VARs and ITADs are ready to help
​
Overwhelmed? Overextended? Under-resourced? Streamline and strengthen your programs with a little help from the IT partners that know your IT asset management program best. And think outside the box a bit:

• To ensure that a device coming back from a field employee isn’t an opening for theft in transit, and a possible data breach, remove the data before it’s shipped, without removing a single drive. Learn more about remote erasure.
• Combine remote erasure with an employee self-pack and ship program to retrieve company IT equipment. The right program manages the data destruction, logistics, compliance and chain of custody in compliance with your IT asset management plan.
• Expand the self-pack and ship program with a verified self-erasure processor. The box arrives with an HDD wiping USB key. After wiping, the employee sends in a photo of the on-screen Certificate of Erasure. Once verified, the return label is emailed for tracked shipping.
• Centralize, consolidate or expand your hardware in and hardware out capacity with overflow warehouse space.

Guardian Data Destruction, with your VAR, ITAD, MSP or reseller, is in place to ensure that any change in IT infrastructure is resolved. If you need an ITAD or VAR or just have a question, reach out to Guardian. We have solutions in place to help with compliance, data destruction, logistics, chain of custody for the retrieval of IT equipment from offsite and furloughed employees.

By: NPZ Law Group, P.C.

As the current health care workforce shortage in the United States continues to grow and many healthcare workers are exploring their immigration options to the United States. There are several ways to obtain lawful permanent residence status in the United States, including the most common way for healthcare workers – through employment-based visas. This article will provide an overview of each potential visa option. So, if you are a healthcare worker interested in coming to the United States, keep reading.

IMMIGRANT VISAS

PERM Labor Certification:

The PERM labor certification process is the first step in obtaining an immigrant visa for a worker from another country. The process is designed to ensure that the foreign worker displaces no qualified U.S. worker.

To obtain a PERM labor certification, your employer must demonstrate that they have made a good-faith effort to recruit U.S. workers and that there are no qualified U.S. workers available for the position you are seeking to fill on a full time and permanent basis.

The PERM labor certification process can be complex and time-consuming, but it is well worth the effort if you are seeking to immigrate to the United States permanently with your family.
Physician National Interest Waiver (PNIW):

The PNIW is a visa waiver program that allows physicians to work in medically underserved areas in the United States. This program is a great opportunity for physicians interested in working in the United States, and it can be a helpful tool for recruiting foreign medical professionals.

To be eligible for the PNIW, physicians must meet certain requirements, including demonstrating interest in working in an underserved area, passing the United States Medical Licensing Examination (USMLE), agreeing to work full-time in a medical practice for five years, and meeting other eligibility criteria.

NONIMMIGRANT VISAS

H-1B visas:

To be considered for an H-1B visa as a physician, you must have ECFMG certification. This is a United States Citizenship and Immigration Services (USCIS) requirement. The ECFMG certification shows that you can practice medicine in the United States. If you are not yet certified, you can take steps now to make sure you meet all the requirements.

The H-1B visa is a popular choice for physicians who want to work in the United States. It allows you to stay in the country for up to six years and it can be extended beyond 6 years for individuals from certain backlog countries under certain circumstances.

O-1 visas:

To attract the world's top scientific talent, the United States offers something called an O-1 visa. This visa is given to scientists who have achieved international acclaim in their field. To get one of these visas, you need to prove that you are among the best in your field. The process can be complex and frustrating, but it is worth it if you want to work in the United States.

J-1 visas:
​
The J-1 visa is a popular choice for international medical graduates who want to work in the United States. This visa has many benefits, including being less costly for a healthcare institution. However, there are some restrictions that you should be aware of before you apply for a J-1 visa. For example, you cannot have “dual intent”, meaning you cannot plan to stay in the United States permanently.

Additionally, you need to be aware that the J-1 visa for foreign medical graduate (FMG) is often accompanied by a 2-year foreign residency requirement under section 212 (e) of the Immigration and Nationality Act. If you meet all of the requirements and are accepted into a J-1 visa program, then you will be able to begin your career as an alien physician in America.

If you have any questions about how these laws in the United States may impact you or your family or want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at [email protected], or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com