Stop Abuse Directory "Passport" MIDI
Doron A. Tal
69a Ramim St.
Karmiel 21862, ISRAEL
Tel. (Int`l-972)-4-998-0274, 4-887522
October 6, 1994
Attn. The General Consul
The U.S. Embassy
71 Hayarkon St.
This is my formal request from the U.S. Embassy in Tel-Aviv, Israel to be an interested party in legal proceedings 1, in which I am alleging against the firm named above, for violating U.S. Federal and NJ State laws concerning alien employment.
I have been an Israeli citizen. For the last three years I have been striving for fair help of U.S. Authorities 2 with respect to my employment in the United States. My concern is the observed violations of the INA (Immigration Nationality Act), under which no private person may assert. Yet, I failed to obtain the expected equitable protection of the INS 3, the NLRB 4 or the DOL 5, and I find myself in a "never-never land." Only now I realize that the Department of State improperly issued an H-1 visa, my beneficiary. Consequently, my life has been adversely affected. My story is succinctly advanced below.
M.L. ENERGIA, Inc. (a family-owned small business company in New-Jersey) had encouraged and induced aliens to come to the United States, solely for the purpose of work. Essentially, this firm favored Israelis, notwithstanding the required expertise does not necessitate Israelis.
Now after three years of struggle, I realize that I was an unauthorized alien 6 when M.L. ENERGIA, Inc. induced me to come to the United States, solely for the purpose work. This American employer referred to my fee for employment, recruited me and hired me before petitioning for my H-1 visa, in violation of the IRCA, 8 U.S.C. §§ 1324, 1324a and 1324c et seq.
M.L. ENERGIA, Inc. asserted in its petition (to the INS) the correct prevailing wage for my expertise. However, it failed to pay me these fees. The Department of Labor advised me that it has had no jurisdiction over my case, because this firm had never petitioned for my employment 7. U.S. citizens could not compete with me, because I was actually paid "peanuts" like other unprotected aliens (quasi-slaves). This way, M.L. ENERGIA, Inc. obtained private financial gain, in violation of laws like, 8 U.S.C. § 1324(a)(2)(B)(ii) and 18 U.S.C. §242.
In October 1991, a fake crisis was announced by this firm. It followed a reversal of a $500,000 award of the NSF 8. Consequently, this firm abdicated contracts and agreements with its employees (three out of four were aliens). Only two of these employees had worked for the NSF contract, which was canceled administratively.
Apparently, I was not under the payroll of this contract. However, this employer fired me in November 1991, before the end of the approved term for my employment, which was July 15, 1993. Consequently, I found myself in a predicament. I have lost my position, my income, and I could not support my family (my wife and four children), while residing in the United States. This American employer did not fund my return to Israel. By doing so, it failed to obey the law, 8 U.S.C. § 1184(c)(5)(A).
Following my dismissal I invoked legal proceedings. State and Federal Authorities declined me as follows.
(1) On November 22, 1991, I attempted to file a complaint with the NLRB (National Labor Relations Board) at 970 Broad St., Newark, NJ. However, I was verbally informed 9 that I was not under jurisdiction of the NLRB, because of my alien status [sic] and the fact the I was not a member in any registered union [sic].
(2) On November 22, 1991, I attempted to claim Wage Collection by the intervention of the NJ DOL. My claim was filed December 19, 1991. In May 1992 I was advised to back off this claim #1004-02-92, because it was limited to a tiny amount of $10,000, under the jurisdiction of the NJ State, Wage and Hour division. Otherwise, if I did not waive my wage claim, then I might not further sue this employer elsewhere.
(3) On November 24, 1991, I claimed for Unemployment Benefits to be paid by the New Jersey State. Initially, my claim was rejected solely on the ground of my alien status. I appealed. The decision was then remanded in part in favor of the employer, because this employer deposited false testimony. Yet, my claim for Unemployment Benefits is still pending 10.
(4) On December 9, 1991, I requested help from the INS, the and Investigation bureaus in New Jersey. I have deposited a written affidavit addressed to the INS, by which I requested to be protected, at least until I would be ready to return to my home country. I handed my affidavit over the chief of the INS Investigation bureau in Jersey City, NJ. Essentially, I was advised to proceed with the OSC (Office of Special counsel).
On December 17, 1991, I consulted with the OSC. Consequently, the OSC Charge N§ 48-71 was filed on February 3, 1992. After two months, the OSC notified me that it would not prosecute M.L. ENERGIA, Inc., because of insufficient evidence 11. However, I was permitted to file my own Complaint with the U.S. Department of Justice. On June 24, 1992, I filed my own complaint, referenced as OCAHO Case # 92B00143. See the discussion below.
(5) In addition (October 1992), I requested the Federal Department of Labor, ESA (Employment Standard Administration) to protect me as an H-1B alien under 20 C.F.R. §655 and 29 C.F.R. §507. I was rejected on the ground that M.L. ENERGIA, Inc. has never had an LCA on file for my employment. Accordingly, the Federal Wage and Hour Division has had no enforcement jurisdiction over my employment conditions. Despite a letter of the DOL addressed to the INS, no action has ever been taken by the INS.
As illustrated above, I had promptly informed the INS in December 1991. However, no tangible help has ever been obtained. Consequently, I filed my private complaint under the IRCA 8 U.S.C. § 1324b PRO SE. I have standing to show that I was fired because of my national origin. The pending legal action 12 is my Complaint filed with the U.S. Dept. of Justice.
An interested entity may petition to this court 13 as an pursuant to 28 C.F.R. §68.15 (update of October 1, 1991). Accordingly, my questions are -
Why was the Notice of Action (EAC-90-219-00415) granted by the U.S. Embassy in Tel-Aviv?
Why did the U.S. Embassy in Tel-Aviv disregard the fact that my employment was not certified by the DOL 14?
Had the Department of State failed to verify my work certification before issuing this H-1 visa?
I claim that the U.S. Embassy in Israel should be an interested party in these proceedings, because of its decision to stamp an H-1 visa in my passport. Consequently, I entered into a trap - my life has been adversely affected because I was not certified by the U.S. DOL for employment in the United States15.
Your prompt cooperation is greatly appreciated.
Very truly yours,
Doron A. Tal
The injured party
A letter to the INS, Eastern Service Center , VT
A letter to the INS, Adjudications, Washington, D.C.
1. See footnotes, 10, 12.
2. The INS - Immigration Naturalization Service and the DOL - Department Labor
3. The INS Adjudications provided the pretextu of "resource constraints."
Ms. Jacquelyn A. Bednarz Chief, Nonimmigrant Branch, Adjudications
U.S. Dept. of Justice, Immigration and Naturalization Service
425 Eye Street N.W., Washington, D.C. 20536
4. See footnote 9.
5. The DOL has had no jurisdiction "over my employment because there had never been work certification for my employment, as required by law, 8 U.S.C. §1182(a)(14), applicable in summer 1990.
6. I was hired for employment on June 11, 1990. On July 2,1990, this firm initially petitioned for an H-1 visa my beneficiary. Only on July 26, 1990, your Embassy Tel-Aviv, Israel, stamped my Israeli passport with an H-1 visa N§ 224624.
7. See footnote 5.
8. RE: ISI-91-00358 Phase II SBIR
Attn. Dr. Donald Senich, Division Director
Industrial Science and Technological Innovation
National Science Foundation
1800 G Street, N.W. Washington, D.C.
9. Now I understand that my deferral by the NLRB was wrong.
10. Superior Court of New Jersey, Appellate Division, Docket No. 2698-92T2.
11. In addition, I was advised that the IRCA and in particular 8 U.S.C. § 1324b(a)(3)(B) does not protect me for citizenship status discrimination.
12. OCAHO Case No. 92B00143
Office of Chief Administrative Hearing Officer
Executive Office for Immigration
Review, Fall Church, VA.
13. Honorable Judge Joseph E. McGuire, Administrative Law Judge
Tel.(703)-305-1043 Fax (703)-305-1448
OCAHO - Office of Chief Administrative Hearing Officer
5107 Leesburg Pike, Suite 2519
Falls Church, VA 22041
14. See footnote 5.
15. See footnote 5.
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