Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.'s Immigration Update. (1/15/2014)
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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.'s Immigration Update. (1/15/2014) Document Transcript

  • 1. Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. -  U.S. and Canadian Immigration and Nationality Newsletter and Update. In This Issue: YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ., PROVIDE U.S. IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB. Dear Readers:   Comprehensive Immigration Reform issues seem to be back on the front burner, at least for now. While a potential House approach on legalization would allow fewer unauthorized immigrants to gain lawful permanent residence than Senate Bill S. 744, it could form the basis for an agreement on immigration reform, according to a new study by the National Foundation for American Policy (NFAP), an Arlington, Va.based policy research group. AS THE NEW YEAR 2014 BEGINS, WE ASK . . . WILL THERE, AGAIN, BE AN H-1B VISA LOTTERY IN APRIL? PLANNING FOR THE H-1B VISA SEASON IS KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S. The Study, "A Path to an Agreement?: Analyzing House and Senate Plans for Legalizing the Unauthorized Immigrant Population," is available at www.nfap.com. EMPLOYMENT AUTHORIZATION REQUIRED FOR AN E2 SPOUSE? IN LIGHT OF RECENT BIA GUIDANCE, WE NOW THINK NOT. "Legalization of the unauthorized immigrant population can be a key element in a political compromise to fix major flaws in America's immigration system," said the report's author. "Without legalization, it is unlikely the United States will see any major changes in immigration law on low skill or high skill visas and green cards, or enforcement measures sought by many members of Congress." "DEFINING PARTNERSHIP OF THE 21ST CENTURY": E VISA POSSIBILITY A potential House approach is likely to result in green cards going primarily to those unauthorized immigrants with the strongest connection to the United States and least likely to leave voluntarily - unauthorized immigrants who came here as children and adults with U.S.-born children or U.S. citizen spouses, the Study finds. The Study focuses on legalization that permits individuals to become lawful permanent residents (green card holders). Sometimes called a "path to citizenship," in reality, the issue http://archive.constantcontact.com/fs147/1011188341227/archive/1116247627857.html[1/16/2014 11:36:04 AM]
  • 2. FOR INDIAN CITIZENS? AUTOMATIC REVALIDATION FOR CERTAIN TEMPORARY VISITORS: CAN I REENTER THE U.S. WITH A VALID I-94 AND AN EXPIRED VISA? NEW PROPOSED LEGISLATION TWISTS THE FACTS ON IMMIGRANTS AND TAXES USCIS FORM N-648 FOR NATURALIZATION CANDIDATES SEEKING MEDICAL DISABILITY EXCEPTIONS THERE ARE MANY BENEFITS TO BECOMING GREEN CARD HOLDER IN THE U.S. AND THEN TO BECOME A U.S. CITIZEN THE DEPARTMENT OF STATE HAS JUST RELEASED THE FEBRUARY 2014 VISA BULLETIN CONSULAR INFORMATION UNITS CONSULAR HOLDS AND ADMINISTRATIVE PROCESSING - 221(g). UPCOMING NPZ LAW GROUP EVENTS IN INDIA - PLEASE CONTACT US IF YOU OR A FRIEND OR FAMILY MEMBER WOULD LIKE TO ATTEND YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ., PROVIDE U.S. is whether unauthorized immigrants will be granted the ability to achieve lawful permanent residence, also known as a "green card." That status would allow individuals to stay in the United States permanently (barring committing certain criminal offenses) and, typically after 5 years (if they choose) to apply for citizenship (and receive it if they meet the standards). One cannot be sure what limitations would look like in a House Bill without legislative language, which means the estimates for potential legalization should be understood with that caveat. Moreover, these numbers do not include potentially 2 to 5 million people who, if they came forward and did not have disqualifying criminal convictions, could be allowed to stay in the United States in lawful status, for the rest of their lives, but without obtaining a green card because they did not fit into a legal immigration category. The U.S. Immigration Lawyers and Attorneys at the NPZ Law Group continue to assist clients to obtain green cards and temporary work permits. We also monitor the prospects for CIR. For more information about Comprehensive Immigration Reform (CIR) or the way that CIR may impact you, your friends or your family, please feel free to contact us at info@visaserve.com or you can call us at 201-670-0006 (x107). AS THE NEW YEAR 2014 BEGINS, WE ASK . . . WILL THERE, AGAIN, BE AN H-1B VISA LOTTERY IN APRIL? PLANNING FOR THE H-1B VISA SEASON IS KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S.   It is that time of year again! We always hear the accountants moan and groan about the approaching  April 15th  deadline each year but, you have to listen a bit more closely and you will hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the  April 1st  filing date for "cap" subject H-1B professional and specialty occupation workers.    Well, here we go again . . .    On  April 1st, 2014  marks the first day when prospective H-1B petitioning employers and prospective H-1B employees will be able to apply to the U.S. Department of Labor ("DOL") for and Labor Condition Application ("LCA") and Petition to the U.S. Citizenship and Immigration Services ("CIS") for H-1B visa petitions for employment in the fiscal 2014 - 2015 year ("FY 2014"). Our advice to our H-1B employer clients continues to be that they need to think about filing H1B petitions on (or very close to)  April 1st  for new and existing employees who will be eligible for a first-time H-1B visa to begin their employment on or after October 1st, 2014.   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . EMPLOYMENT AUTHORIZATION REQUIRED FOR http://archive.constantcontact.com/fs147/1011188341227/archive/1116247627857.html[1/16/2014 11:36:04 AM]
  • 3. IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV. AN E-2 SPOUSE? IN LIGHT OF RECENT BIA GUIDANCE, WE NOW THINK NOT.   On November 5th, 2013, the Board of Immigration Appeals (BIA) issued an unpublished decision that reverses the denial of an adjustment application and holds that the respondent was not required to obtain an employment authorization document as the spouse of an E-2 treaty investor (Matter of Lee, November 5, 2013). On the face of it, while this may seem not to be a big deal, let's take a closer look . . .   TO READ MORE, PLEASE CLICK HERE . . . "DEFINING PARTNERSHIP OF THE 21ST CENTURY": E VISA POSSIBILITY FOR INDIAN CITIZENS? David Nachman, Esq., Ludka Zimovcak, Esq.  and Michael Phulwani, Esq., your Immigration and Nationality Lawyers, continue to bring employment and familybased immigration and nationality news and updates to your TV screen each week on TV Asia and iTV. Watch "YOUR IMMIGRATION LAWYERS" each week on iTV and TV Asia. Please contact us at  info@visaserve.com for additional U.S. immigration law information or about how to subscribe to iTV or TV Asia.   TRIP TO INDIA WITH AILA DELEGATION AND INTERNATIONAL STUDENT  (F-1) VISAS     David Nachman, Esq. and Michael Phulwani, Esq. are "on the road" in India and meeting with Officers in the U.S. Embassy to discuss the possibility of (among other things) garnering support and effectuating change to the present investment treaty laws between the U.S. and India. Here is some background . . .     U.S. immigration laws specifically authorize the issuance of E visas to nationals of a country that has qualifying treaty[i]  of commerce and navigation with the United States. Such qualifying treaties may include treaties of Friendship, Commerce and Navigation (FCNs) and Bilateral Investment Treaties (BITs).   A BIT is an agreement establishing the terms and conditions for private investment by nationals and companies of one state in another state. This type of investment is called foreign direct investment (FDI). BITs acts as a tool in protecting the FDI in a volatile market. Especially, they protect foreign investments in light of the risks that foreign investors face in many parts of the world, including cancellation of concessions, leases, or licences; expropriation of shares; windfall, royalty, and other taxes; exchange rate risks; prohibition on the repatriation of profits; political or court interference; environmental regulation and remediation responsibility; land rights issues; riots; and protests, to name but a few.     Faced with such risks, and given the likelihood that local courts and laws may not provide a speedy, effective and unbiased means of resolving investment disputes, BITs provide foreign investors with an additional level of protection under international law.   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  AUTOMATIC REVALIDATION FOR CERTAIN TEMPORARY VISITORS: CAN I RE-ENTER THE U.S. WITH A VALID I-94 AND AN EXPIRED VISA?      doing change of status; doing consular processing; preconceived intent     STUDENT VISA APPLICATIONS  FROM THE Department of State (DOS) regulations permit certain non-immigrants to re-enter the United States after a 30-day or less visit to Canada or Mexico without having to obtain a new visa prior to re-entry. This is called automatic visa revalidation.   F and J non-immigrants also benefit from automatic revalidation when re-entering from the adjacent islands, except Cuba. Individuals seeking to benefit from this provision must retain their I-94 when leaving the U.S. as it is essential for re-entry. http://archive.constantcontact.com/fs147/1011188341227/archive/1116247627857.html[1/16/2014 11:36:04 AM]
  • 4. CONSULATE (F-1 Visa)  In addition, all other travel documents relevant to the particular status (passport, DS-2019 for J-1s, I-797 for H-1Bs etc.) must be carried and properly endorsed, if an endorsement is required (on form DS-2019).    TO READ MORE, PLEASE CLICK HERE . . .     NEW PROPOSED LEGISLATION TWISTS THE FACTS ON IMMIGRANTS AND TAXES.           Form I-20; STEM, H-1B Visa Petitions, When to apply; SEVIS for F, M, J visaholders; Financial Support; School Selections; Size of School; Bona fide accreditation of schools;  plan of studies and future goals; 214 (b) non-immigrant intent; ties to your home country; family responsibilities / family ties; Articulate your answers    * * * * * * *    UPCOMING IMMIGRATION LAW EVENTS: NJICLE - HOT TOPICS IN FAMILY IMMIGRATION LAW PRACTICE    Where:    NJ Law Center,   New Brunswick, New Jersey   When:  Earlier this month when the Senate was deciding whether to extend unemployment benefits, some Senators were looking for "offsets." Unfortunately, a fallback for some members of Congress has become targeting programs for immigrants, without regard to the true fiscal or social impact.   One recurring target has been the Additional Child Tax Credit for immigrant taxpayers. An amendment proposed by Senator Kelly Ayotte (R-NH) proposed to "pay for a three-month extension of unemployment benefits by stopping a scheme that currently allow {sic} illegal immigrants to claim the Additional Child Tax Credit."   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  USCIS FORM N-648 FOR NATURALIZATION CANDIDATES SEEKING MEDICAL DISABILITY EXCEPTIONS.      Several years ago, the U.S. Citizenship and Immigration Services (USCIS) announced the release of revised Form N-648, Medical Certification for Disability Exceptions, for those seeking an exception from the English and civics requirements for citizenship and naturalization because of disabilities. Immigration law requires that individuals applying for Naturalization/Citizenship must exhibit proficiency of U.S. civics and the English language. Individuals, who have disabilities or impairments, may seek exceptions from either or both of these requirements. Applicants, who ask for such an exception, must file Form N-648.    Form N-648 was revised following input from USCIS subject-matter experts, customers, medical professionals, community-based organizations and immigration lawyers. The intentions of these revisions were to clarify the requirements and instructions as well as to standardize the process for applicants, medical professionals and USCIS officers. The Form allows medical professionals to provide information that is necessary for USCIS so that immigration officials can better understand the medical professional's diagnosis and how it relates to the naturalization and citizenship requirements.   TO READ MORE, PLEASE CLICK HERE . . .  SOME IMMIGRATION LAW BASICS: THERE ARE MANY BENEFITS TO BECOMING GREEN CARD HOLDER IN THE U.S. AND THEN TO BECOME A U.S. CITIZEN.   The "Green Card" is the permanent resident card that is issued to a foreign national who has immigrated permanently to the United States. As many foreign nationals think, immigrating to America and getting a Green Card to remain permanently in the country is not an easy task. The United States welcomes foreign nationals but at the same time it http://archive.constantcontact.com/fs147/1011188341227/archive/1116247627857.html[1/16/2014 11:36:04 AM]
  • 5. January 30th, 2014    Time: 9:00 AM to 12:30 PM   --------  BERGEN COUNTY BAR ASSOCIATION CONTINUING LEGAL EDUCATION SEMINAR: IMMIGRATION UPDATES    Where: Bergen County Bar Association, The George W. Newman Law Buidling, 15 Bergen Street, Hackensack, NJ 07601    When: Thursday, February 6th, 2014    Time: 12:00 PM to 2:00 PM   FOR MORE DETAILED INFORMATION, PLEASE CLICK HERE . . .     * * * * * * * *  focuses on lawful immigration. And so, it issues Green Cards to foreign nationals as a proof of their legal immigration status in the United States.   Various rights are granted to the people who become permanent residents of the United States. Many rights that are similar to those granted to US citizens are granted to the Green Card holders. Foreign nationals who are liable to such rights will be protected by all the American laws. As far as they do no not commit crimes that might result in deportation, they may reside in any American state. Moreover, they will be given the right to work for any US employer, except the employers who hire only US citizens.   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  THE DEPARTMENT OF STATE HAS JUST RELEASED THE FEBRUARY 2014 VISA BULLETIN.    This is the fifth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013. The All Other Countries EB-3 date jumped yet again. It has now moved almost two years in the last few Visa Bulletins.     The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3, which means that Chinese EB-3s are processing faster than Chinese EB-2s. Chinese nationals who are EB2 may be able to file an EB-3. Chinese EB-3s should check with their attorneys to effectuate this change.       Unfortunately India EB-2 and India EB-3 remained stuck.  India  EB-2 and EB-3 have not moved in several months. The Philippine EB-3 advanced another 8 weeks. This is the second notable movement for Philippine EB-3 in the last two Visa Bulletins.   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  "IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES. CONSULAR INFORMATION UNITS Quick Links SEARCH OUR SITE    THIS MONTH'S VISA BULLETIN    THE VISASERVE BLOG   http://archive.constantcontact.com/fs147/1011188341227/archive/1116247627857.html[1/16/2014 11:36:04 AM]
  • 6.  VISASERVE VIDEO-LOG    ENTERTAINMENT IMMIGRATION    UPCOMING EVENTS    CIS CASE STATUS    CIS PROCESSING TIMES    DOL PROCESSING TIMES    SCHEDULE AN INFOPASS APPOINTMENT    CBP BORDER WAIT TIMES    BORDER WAIT TIMES The documents requested in the Instructions Package vary by consulate, but generally, they include: Form DS-2001 Notification of Applicant Readiness Form DS-230 Application for Immigrant Visa and Alien Registration (or an electronic DS-260 if you've filed online) Note that you do NOT sign Part II of the form until you report for your interview at the U.S. consulate A copy of your birth certificate Certified copies of any court or prison records Marriage certificate Records indicating the termination of any prior marriages that you've entered into A certified copy of your military record if you have served in any country's armed forces Police certificates A copy of the identity page of your current, valid passport Two (2) passport-sized photographs Form I-212 ONLY if you've been previously removed from the U.S. and must request permission to reapply for a visa Note that a notarized translation is required for any document that is not in English. CONSULAR HOLDS AND ADMINISTRATIVE PROCESSING - 221(g). Refusal under Section 221(g) means that essential information is missing from an application or that an application has been placed on administrative hold. The consular officer who interviews you will tell you at the end of your interview if action on your case is being suspended under 221(g) pending further information. The officer will either tell you that the case has to undergo administrative processing, or will ask you to submit additional information. If further information is required, the officer will tell you how to submit that information. As part of this process, you will be given a written letter and will have 12 months from the date of your application to submit the requested documents without having to pay a new visa application fee. After one year, an application refused under Section 221(g) is terminated per Section 203(e). If the Embassy or Consulate requested additional information or documentation from you, you must submit those documents. The US Consulate officers encourage an extra copy of the RFE be submitted to USCIS so that same gets into PIMS at the KCC. More information about Consular Processing from the Nachman Phulwani http://archive.constantcontact.com/fs147/1011188341227/archive/1116247627857.html[1/16/2014 11:36:04 AM]
  • 7. -----------:: 201-670-0006 (X100) :: info@visaserve.com :: www.visaserve.com Zimovcak Law Group, P.C. - Immigration and Nationality Law UPCOMING NPZ LAW GROUP EVENTS IN INDIA PLEASE CONTACT US IF YOU OR A FRIEND OR FAMILY MEMBER WOULD LIKE TO ATTEND ANY OF THESE PROGRAMS: Update on U.S. Immigration Law and Visas, Comprehensive Immigration Reform and U.S. Legislative and Administrative Updates.   When: Sunday, January 19th, 2014    Time:   10:00 AM to 12:00 PM    Where: Ahmedabad Management Association             Core-AMA Management House             Torrent-AMA Management Centre, ATIRA Campus,             Dr. Vikram Sarabhai Marg.             Ahmedabad, Gujarat, INDIA   ----------------------------------------------------------------------------------------------------    Update on U.S. Immigration Law and Visas, Comprehensive Immigration Reform and U.S. Legislative and Administrative Updates.   When: Thursday, January 23rd, 2014   Time: 6:00 PM to 8:00 PM (Refreshments will be served)    Where: Lincoln Auditorium, Indo-American Society, Kitab Mahal, 5, D, Sukhadwala Marg. Fort, Mumbai 400001   ---------------------------------------------------------------------------------------------------Questions that Exporters have about U.S. Immigration Law and Visas, U.S. Legislative and Administrative Updates, and Establishing Affiliate Organizations in the U.S.   When: Wednesday, January 22nd, 2014   Time: 10:30 AM to 1:30 PM     Where: Federation of Indian Export Organisations (FIEO) (Set-up by Ministry of Commerce, Gov't of India), Times Square, Unit No. 3A, B Wing, 4th Floor, Andheri - Kurla Road, Andheri (E), Mumbai - 400 059 Maharashtra India   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  http://archive.constantcontact.com/fs147/1011188341227/archive/1116247627857.html[1/16/2014 11:36:04 AM]