What's NewPart 1Winter 1996: January 17[SSS Online] [Hyperception & Bridgeworth] [Non-Resident Aliens] [Part 2 of What's New] No more paper! No more postage! SSS goes online.FOR IMMEDIATE RELEASESource: Randy Roberts, Editor & Publisher of SSS on-line magazine. Spread Spectrum Scene magazine is now online on the Internet! Never before have the complete resources of RF/SS and SSS been available to the general public. With this new service, readers can view the current issue (or download back issues), browse new product releases, info tid bits, Spread Spectrum Sidebars, consult our glossary, research key words, and find out more about SSS and RF/SS. This new Home Page is still very much under construction, so please bear with us while we build the complete contents of over 400 pages of material that we have published, in the past. As new issues are released they will be available here and here only! No more paper! No more postage for us. No more mail delays for you! No more wondering when the next issue will arrive! With SSS online all you need to do is check in to see what's going on in this exciting field. At this time all areas of the Home Page are open to anyone and free to use. However, in the near future, we will require registration to download back issues and use "privileged" sections of this Web Site. All current paid subscribers of SSS magazine will be automatically "grandfathered" into full registered users as soon as they register. Others and new users / subscribers will be asked to make payment arrangements for a nominal fee to use the "privileged" sections of this Web Site. This scheme makes the maximum use of our resources and should still give the casual "browser" plenty to look at in the public sections of this Site. Some of the neat stuff that will be available in the "privileged" area include:
We hope that this new Web Site fills a void that has been around the Internet, for a long time -- we plan to be the single site for answers to technical questions about Spread Spectrum, RF, Wireless and Digital Communications. We will provide a resource for all to use to better understand, design, build and produce better products and new technology. If you can help us achieve any of these goals, please send us email or leave a comment. We hope you enjoy this new Site and find it useful! For more informationSee contact information at the bottom of this page!New ProductsHyperception and Bridgeworth Signal Processing, Inc. -- Adds C40 Signal Processing power to Block Diagram 3.0A Screen Capture From Hyperception Block Diagram 3.0 Run on a PC. BN4000 Board Driver adds C40 Processing Power to Block Diagram 3.0 (DALLAS, TX) - Hyperception, Inc. and Bridgenorth Signal Processing, Inc. - November 22, 1995 - Hyperception, Inc. and Bridgenorth Signal Processing, Inc. announce the integration of the BN4000 DSP system board with the new release of Hypersignal for Windows Block Diagram 3.0. This powerful combination of DSP hardware and visual programming software allows engineers to develop real-time signal processing functions on the world's leading floating point DSP processor using a state-of-the-art graphical interface. The BN4000 is based on the TMS320C40 floating point DSP chip from TI, which supports a performance rate of 275MOPS and a data throughput rate of 320Mbytes per second. This system is designed for numerically intensive data acquisition and signal processing applications in an AT-compatible host environment. Hardware features include dual access SRAM, hardware address generation, a hi-directional data FIFO, and bi-directional control registers which provide an optimum TSA environment for the TMS320C40, and provide maximum data transfer capacity to/from the PC host. In addition, the 32-bit parallel I/O port and six inter-processor communication ports support the high data throughput for analog interface functions and multiple processor applications. The release of the BN4000 driver from Hyperception provides a powerful development environment and removes all of the inherent complexities of making efficient use of the hardware features of the BN4000 board. Block Diagram's real-time support streamlines the algorithm design and test process by eliminating the code creation and debug steps. Users can get a prototype system up and running in a matter of minutes, and focus almost entirely on developing their application-specific algorithms. As an example, analog interface cards (A/D and D/A converters) are initialized and setup quickly using library functions. The user has only to place the function, choose a sample rate, and setup the input gain to access real-time data in the system. In addition to facilitating the development process, Block Diagram's flexible graphical interface also serves as a user friendly operator interface for completed applications such as spectral analysis, control systems, laboratory testing, etc. It is important for DSP engineers to note that the BN4000 driver under Block Diagram makes efficient use of the C40 processor. All connected blocks are dynamically linked to optimize the flow of data in the processor and to produce a complete executable on the C40. When this code is loaded and executed, it runs at full speed without intervention from the PC host. Access by the host allows for the graphical display of data, interactive user controls, and PC-DSP synchronization. For users who want to create their own blocks or fully optimize a critical component of an algorithm, Block Diagram supports the creation of user-designed blocks. Block Wizard, included with the package, creates all the interface code required to run with the rest of the system. The engineer codes only the implementation of the algorithm and compiles the code along with the files produced by Block Wizard. Hyperception, Inc. was incorporated in 1984 to provide DSP development software that combined the power and cost effectiveness of two new technologies: the IBM PC and plug-in boards with DSPs. For over a decade, Hyperception has been committed to providing costeffective software tools that reduce design barriers for DSP development. Hyperception's software tools address the areas of traditional DSP design and analysis, virtual instrumentation, and simulation/CASE, with support for most general-purpose DSPs. Hyperception also offers a comprehensive line of DSP/Acquisition hardware and complete DSP development systems. Bridgenorth Signal Processing, Inc., established in 1987, specializes in the production of DSP development systems and advanced data acquisition and analysis products. Products include DSP systems boards, analog interface modules and development tools to cover a wide range of PCbased DSP applications. For more information:Hyperception, Inc.9550 Skillman LB125 Dallas, Texas 75243 Contact: Steve Zachman Tel: +1 214-343-8525 FAX: +1 214-343-2457 Email: steve.zachman@hyperception.com Bridgenorth Signal Processing, Inc. P. O. Box 2470 Blaine, WA 98231 Contact: Tom Foxall Tel: +1 604-538-0003 FAX: +1 604-535-9073 Email: t_foxall@bridgenorth.com Contributions -- Legal Advice:Hiring A Non-Resident AlienBy Naren S. Shah, Greg V. DeWeerd and Scott C. Larson Each year, thousands of employers nationwide look for qualified employees to fill various positions in their organization. Additionally each year, thousands of non-resident aliens seek to immigrate to the United States. The Immigration and Naturalization Services (INS) has a well-defined procedure to facilitate the process for the employer to hire one of these non-resident aliens. The INS has divided the non-resident alien into five categories and the process for each will be outlined in this paper. As of October 1, 1995, 675,000 people worldwide are allowed to immigrate in a given year to the United States. These immigrants are granted Green Cards on the following criteria: Family-Based Relationships, Employment-Based Relationships, Entrepreneur Immigrants, University Immigrants, and Special Immigrants. Of the 675,000 worldwide quota, 145,000 are Employment- Based Preferences and are divided into five categories (E1, E2, E3, E4, E5). The Immigration Act of 1990 requires some of these potential immigrants need to first receive a labor certification from the U.S. Department of Labor (DOL) to receive entrance into the U.S. This requirement is set out in the Immigration and Nationality Act under sub-section 212(a)(5)(A). The Employment-Based Preferences The First Preference (E1) of Employment-Based immigrants are Priority Workers. A total of 40,000 visas are granted on a first-come, first-served basis to these individuals worldwide each year. These E1s are people of extraordinary ability (i.e., computer art specialist) or outstanding professors and researchers or multinational executives. These individuals have risen to the top of their field in science, arts, education, business, or athletics. Due to the fact that the U.S. Congress sees the tremendous need and value of the E1 immigrant, they do not need to go through the process to receive a labor certificate. In fact, the E1 (except those who are professors, researchers, executives, and managers) does not even have to have an offer of employment as long as there is evidence that the E1 will stay working in their field of expertise. The Second Preference (E2) of Employment-Based immigrants are professionals and people with exceptional ability holding advanced degrees such as a masters or doctorate. A total of 40,000 visas are granted worldwide for E2s and are given on a first-come, first-serve basis. (It is important to note that all foreign degrees have to ev aluated by a recognized institution in the United States such as the Credentials Evaluations Services International Education Research Foundation in Los Angeles, CA.) A labor certification is required for an E2 to be granted a visa. This labor certification may be waived by the INS if it is in the best interest of the U.S. However, this waiver is difficult to obtain since the defining of "best interest" is complicated. In addition, a labor certification may be claimed if the non-resident alien is a part of the INS's list of Schedule A workers. This is a list of workers who are in short supply in the U.S. (Examples in this list have included nurses and physical therapists.) The Third Preference (E3) of Employment-Based immigrants are professionals, skilled workers, and unskilled workers. Again, 40,000 visas are granted worldwide for E3s on a first-come, first-serve basis. This E3 category of immigrants has some very strict requirements and a labor certification is required. A potential employer needs to be aware that the DOL has established a list of workers within the E3 category that will not be granted a labor certification since it is assumed that there are Americans and other permanent residents who can fill these positions. The DOL classifies these positions as Schedule B workers. The following is a list of the Schedule B workers:
However, with every rule there are some exceptions. If after valid efforts have been made to fill the position with an American, an employer can file for a labor certification. The Fourth Preference (E4) of Employment-Based immigrants are special immigrants (i.e., religious workers) of which 10,000 visas are granted worldwide each year. A special immigrant is a person classified as (1) a son or daughter of an employee of a international organization who have lived in the United States for seven years, (2) surviving spouses of deceased employees of international organizations who have been employed for at least 15 years, (3) retired employees of international organizations who were employed for 15 years, (4) foreign medical graduates who were licensed to practice medicine in any U.S. state before 1978, (5) alien employees who have worked for the U.S. government for at least 15 years, (6) alien employees or former employees of the Panama Canal Company, and (7) religious workers. To qualify as a religious worker the individual must (1) be a member of a recognized and legitimate religious denomination, (2) be pursuing a religious vocation or professional work requiring at least a college degree and have been in the religious organization for the last two years, (3) have been offered a position by the U.S. religious affiliate to work in the United States. These E4 immigrants do not require a labor certification. The Fifth Preference (E5) of Employment-Based immigrants are entrepreneur's and investors of which 10,000 visas are granted worldwide each year. To qualify as an E5 the individual needs to invest $1 million in a commercial enterprise which will hire American citizens who have green cards. There are exceptions to the $1 million rule. An investment of only $500,000 is required if the investment is made in a targeted employment area as designated by the Attorney General. These areas have included parts of Arizona, Connecticut, Massachusetts, New Jersey, New York, North Carolina, Puerto Rico, and Texas. An investment of more than $1 million (but less than $3 million) may required for an area that has an unemployment at least 150% fewer than the national average. The Immigration Act of 1990 allows E5s to not require a labor certification but due to the requirements for qualification only 1,000 petitions for immigration have been filed in this category since 1991 of which only 500 have been approved. The Process of Labor Certification When an employer applies for a labor certification, the INA has two basic grounds for exclusion. These two grounds are (1) qualified U.S. workers cannot be found, at the time of filing the application and in the area of intended employment, who are available, willing, and able to fill the position being offered to the alien; and (2) employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. It is required by the DOL in the process to hire the non-resident alien that there must be a bonafide job opportunity from the employer. The employer must offer to pay (including wage, hours, vacations, benefits, etc.) the alien the equivalent of an equally qualified American. The DOL also requires that this job opportunity be (1) located in the United States, (2) full-time, and (3) permanent. It will be required of the employer to prove that he has made a sufficient effort to fill the position with a U.S. worker. The employer is going to have to fill out Form ETA 750, Parts A and B which is the Application for Alien Employment Certification and file it with the appropriate State Employment Security Agency (SESA). This application sets forth the description of the job offer, the minimum requirements, and the wage that will be paid. (See sample form) The potential employee is also required to fill out Form IN-140. (See sample). This form is required by all Employment-based immigrants regardless of whether or not they need a labor certification. At this point SESA reviews the minimum requirements and wages, gives the employer a chance to amend the wage, and requirements it challenges. SESA also performs an evaluation of the employer recruitment process to determine that there are no Americans in the state who can do the job. This may include the proof of advertising the position, interviews, reasons for denial of other applicants, etc. Please note that a U.S. worker is considered qualified by SESA if they meet even the bare minimum requirements and that a report will need to be filed by the employer giving the lawful, job-related reasons as to why the U.S. applicants did not qualify. SESA then sends the application to the regional office of the U.S. Department of Labor. The Regional Office of the DOL then evaluates the application, issues the labor certification or a notice of findings. The labor certification or the notice of findings are then sent to the employer. The DOL then will review the employer's rebuttal to the notice of findings. The DOL will then issue a final determination on whether or not the labor certification will be issued. If the labor certification is denied, the employer must wait six months before applying again for that position. Bringing the non-resident alien's family to the U.S. If the non-resident alien is granted a labor certification and is given his visa, he is able to bring his wife and children (under the age of 21) with him to the U.S. (These visas that are granted are a part of the quota of visas available each year under the each Preference category. The length of time required If there are no complications or findings that need to be addressed by either SESA or the DOL the process could take a couple of months. However, there may be a delay depending upon the number of applicants and the number of visas still available under each preference category. However, the number of applicants for the Employment-based preferences are generally far below the number allotted (with the exception of a portion of E3 category - unskilled workers). The following is a listing of Immigrant Visa Preference Availability as of November 1995. Employment Preferences First Preference (E1) Priority Workers: Currently openSecond Preference (E2) Professionals holding Advanced Degrees or Persons of Exceptional Ability: Currently open Third Preference (E3) Skilled Workers and Professionals: Currently open Third Preference (E3) Other workers - unskilled workers: Had to have filed March 1, 1991 to be accepted today Fourth Preference (E4) Special immigrants, religious ministers: Currently open Fifth Preference (E5) Employment creators, investors: Currently open As outlined above, when an employer seeks to hire a non-resident alien in any of the employment based preference categories set up by the INS, the process can be very complex and detailed. In order to ensure success the employer must know the requirements of immigration law and set the hiring strategy appropriately. It is recommended that employers and the non-resident alien consult an immigration lawyer or immigration professional to facilitate the process. Naren S. Shah, is Administrative Assistant for Lockheed Martin Technical Services, Inc., (714)834-7191 and is a registered loan officer. His education includes a B.S. Accounting (M.S. University - India 1974); M.S. Accounting and Management (M.S. University - India, 1980); B.S. Law (S.P. University - India, 1978); M.S. Law (S.P. University - India, 1980); Diploma in Taxes and Practice (M.S. University - India 1978): Currently enrolled in M.B.A. (University of Phoenix in Southern California). Greg V. DeWeerd, is Department Manager for Montgomery Wards, Inc. (714)582-6300. His education includes a B.A. Business Administration (Calvin College, 1989); Currently enrolled in M.B.A. (University of Phoenix in Southern California). Scott C. Larson, is Vice President of Development for Christian Research Institute, Inc., (714)855-4428 ext. 105. His education includes a B.A. Education (Biola University, 1985); Fund Raising Certificate (University of California - Irvine, 1989); Currently enrolled in M.B.A. (University of Phoenix in Southern California).
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