NPZ LAW GROUP'S U.S. & CANADIAN IMMIGRATION LAW UPDATE (July 2014)

http://archive.constantcontact.com/fs147/1011188341227/archive/1117795530619.html[7/3/2014 11:26:51 AM]
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. AND LUDKA
ZIMOVCAK, ESQ.
PROVIDE U.S.
IMMIGRATION LAW
UPDATES ON TV ASIA
AND ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB.
THE SUPREMES
SPEAK TO CSPA: THE
U.S. SUPREME COURT
DELIVERS BAD NEWS
TO MANY FAMILIES.
STUDENT VISA
UPDATES: OPT CARD
FILING TIPS FOR
INTERNATIONAL
STUDENTS.
DACA RENEWAL
UPDATES: THE
POWER OF DACA
AFTER TWO YEARS.
CONSULATE
PROCESSING
UPDATES: OSAKA-
KOBE, U.S
CONSULATE
TEMPORARILY STOPS
Dear Readers:

Last week the American Immigration Lawyers Association
(AILA) held its annual conference in Boston. The annual
conference was attended by several members of the NPZ
Law Group staff. The conference affords us an opportunity to
hear about burgeoning immigration-related issues from U.S.
administrative agencies like the DHS, USCIS, CBP, ICE,
DOL, and DOS, EOIR, etc.
The keynote address was delivered by Alejandro Mayorkas.
Mr. Mayorkas stressed the importance of "consistency,
customer service and transparency" with regard to the
services of the USCIS. Mr. Mayorkas took questions from the
over 3000 immigration lawyers that attended the conference.
In an emotional reply to one of the questions, Mr. Mayorkas
stressed the importance for dealing with unaccompanied
minors crossing the Southern Border in a humanitarian
manner.
NPZ Lawyers and Immigration Specialists attended special
meetings of AILA professional work groups such as the Law
Professors Interest Group, the Canadian Bar, the National
Business Law Committee and the Indian Subcontinent
Interest Group. NPZ attendees also attended substantive
immigration law sessions concerning updates about Consular
Processing, CSPA, EB-5, RFEs and many others.
One program was given by one of our colleagues from the
West Coast who litigated the CSPA case to the Supreme
Court. The conference allowed us to speak to the
government officials directly and and in an informal manner
and afforded us an opportunity to forge new relationships

E-1/E-2 VISA
INTERVIEWS.
DEPARTMENT OF
STATE VISA BULLETIN
UPDATES: CHECK
YOUR PRIORITY DATE
BECAUSE THE VISA
BULLETIN FOR JULY
IS OUT.
CANADA BUSINESS
TRANSFER UPDATES:
NEW GUIDELINES
FOR INTRA-COMPANY
TRANSFEREES.
HOW TO NOT
ABANDON AND
MAINTAIN LAWFUL
PERMANENT
RESIDENCE.
SUPREME COURT
CASE SPEAKS TO
CHILDREN LEFT
BEHIND (Child Status
Protection Act - CSPA).
YOUR
IMMIGRATION
LAWYERS,
MICHAEL
PHULWANI, ESQ.
AND DAVID
NACHMAN, ESQ.
AND LUDKA
ZIMOVCAK, ESQ.,
PROVIDE U.S.
IMMIGRATION
LAW UPDATES ON
ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB & ON TV.
David Nachman, Esq.,
Ludka Zimovcak, Esq.
and Michael Phulwani,
Esq., your Immigration
and Nationality Lawyers,
continue to bring
employment and family-
based immigration and
nationality news and
updates to your TV
with them and to catch-up with our immigration colleagues
both socially and professionally.
Of course, immigration reform was a topic of interest both at
the AILA conference as well as the ICLE Program at the New
Jersey Law Center this past week. More important then what
WE think is what Senator Robert Menendez recently said. He
stated: "It's one of the most frustrating moments that I've had
... to find [immigration] in a dark hole in the House of
Representatives is incredibly disappointing not only to me
personally but to millions of people across the country." We
feel that attention will soon turn to how Obama uses his
executive authority to provide relief for undocumented
immigrants. It will be the next test in the strained relationship
between the President and his progressive allies, who are
demanding another round of administrative actions.
For more information about the AILA conference, CSPA, or
any other U.S. or Canadian immigration issues, please feel
free to contact the immigration attorneys or lawyers at the
NPZ Law Group at info@visaserve.com or by calling our
offices at 201-670-0006 (x107).
THE SUPREMES SPEAK TO CSPA: THE U.S. SUPREME
COURT DELIVERS BAD NEWS TO MANY FAMILIES
IN CASE THAT LENGTHENS THE CUE FOR AGED-
OUT CHILDREN.
In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme
Court ruled against thousands of aspiring young immigrants who were
included on their parents' visa petitions as minors, but who turned 21-
known as "aging-out" before visas became available. Aging-out is
tantamount to someone losing his place in the visa line with his
parents. In the case, the majority ruled despite having waited his turn
in line, the mere fact that the child aged-out means that his time was
lost and the case could not be converted into a more appropriate visa
category.

TO READ MORE ON THE "SUPREME COURT RULING ON CSPA",
PLEASE CLICK HERE . . .
STUDENT VISA UPDATES: OPT CARD FILING TIPS
FOR INTERNATIONAL STUDENTS.
With the graduation in summer, many students will be entering in the
OPT phase of their career. Optional Practical Training (OPT) is a
period during which undergraduate and graduate students with F-1
status who have completed or have been pursuing their degrees for
more than nine months are permitted by the United States Citizenship
and Immigration Services (USCIS) to work for at most one year on
a student visa towards getting practical training to complement their
field of studies. F-1 students are usually permitted a total of 12 months
of practical training.

On April 4, 2008, the U.S. Department of Homeland Security (DHS)
released an interim final rule extending the period of OPT from 12 to
29 months for qualified F-1 non-immigrant students. The extension will
be available to students who are employed by businesses enrolled in

screen each week on
iTV. Watch "YOUR
IMMIGRATION
LAWYERS" each week
on iTV. Please contact
us at
info@visaserve.com for
additional U.S.
immigration law
information or about how
to subscribe to iTV.

Will there be an E-1
visa and E-2 visa
program possible
under new Prime
Minister Modi?

- Potential impact of
new Pime Minister of
India;
- Importance of E-1
and E-2 program
between countries;
- E-1 and E-2
definition and what
countries make these
benefits available.

=========

Ombudsman | How
to effectively
process your L-1B
and H-1B |
Requests for
Evidence (RFE).
Dealing with CIS
Templates. What is
L-1B "specialized
knowledge"?

the E-Verify program or that make use of valid work permits and social
security.[1] To be eligible for the 12-month permit, any degree in any
field of studies is valid. For the 17-month OPT extension, a student
must have received a Science, Technology, Engineering, or
Mathematics (STEM) degree in one of the following approved majors
listed on the USCIS website.

On June 24th, 2014, USCIS, California Service Center published an
informative Power Point that can be helpful to international students.

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
DACA RENEWAL UPDATES: THE POWER OF DACA
AFTER TWO YEARS.
On June 15th, 2012 President Obama initiated a program called the
Deferred Action for Childhood Arrivals (DACA) Program. Through
the DACA program individuals in the U.S. meeting certain parameters
were provided to certain illegal individuals of good moral character who
graduate from U.S. high schools, arrived in the United States as
minors, and lived in the country continuously for at least five years prior
to the bill's enactment.

On June 15th, 2014 DACA had its 2nd anniversary. Thousands of
children benefited from this program. As of March 2014, 673,417
young people have applied for DACA and 553,197 have been
approved. While DACA does not offer a pathway to legalization, it has
the potential to move large numbers of eligible young adults into
mainstream life, thereby improving their social and economic well-
being.

TO READ MORE ON "THE SURVEY CONDUCTED BY NATIONAL
UNDOCUMENTED RESEARCH PROJECT (NURP)", PLEASE
CLICK HERE . . .

***This information is provided as a courtesy from the American
Immigration Council (AIC)***
CONSULATE PROCESSING UPDATES: OSAKA-KOBE,
U.S CONSULATE TEMPORARILY STOPS E-1/E-2 VISA
INTERVIEWS.
Beginning June 1st 2014 through August 31st 2014, the Consulate in
Osaka-Kobe will temporarily stop accepting E-1/E-2 non-immigrant
visa appointments. During this time frame, all E visa applicants,
including dependents over the age of 14, will have to interview at the
U.S. Embassy in Tokyo or Consulate in Fukuoka.

The Consulate in Osaka-Kobe will continue to process "drop-box"/mail-
in renewal cases as normal. Individuals are also able to send minor
dependents (under the age of 14) as per the normal mail-in (no-
interview) procedures. Companies registering for the first time as an E
visa company with Osaka are able to submit their paperwork per
normal procedures.

DEPARTMENT OF STATE VISA BULLETIN UPDATES:
CHECK YOUR PRIORITY DATE BECAUSE THE VISA


- How to effectively
process your L-1B
and H-1B.
Specialized
knowledge.
- Definition on an
RFE.

- Communicating
with the
Ombudsman, when it
is helpful to get an
immigration lawyer to
help. Getting help
from a
Congressman,
Lawyer or AILA
Liaison.

=============

UPCOMING EVENT

NJICLE: Hiring,
Retaining &
Terminating
Foreign Nationals
- A Webinar

When:
Tuesday, September
30th, 2014

Time:
12:00 PM to 1:40 PM

For detailed
information about
NPZ's immigration
law events, please
click here . . .
*******

Quick Links
SEARCH OUR SITE

THIS MONTH'S
VISA BULLETIN

THE VISASERVE
BLOG
BULLETIN FOR JULY 2014 IS OUT!
The July 2014 Visa Bulletin brings some much awaited good news,
particularly for those waiting in the employment-based (EB) categories
who were born in India and the Philippines. Filipino EB-3 moves
forward one year while India EB-3 moves forward only by 2 weeks.
Unfortunately, Worldwide and China EB-3 both failed to advance.

India EB-2 moved forward almost 4 years. Further advances are
expected in August and September. China EB-2 advanced 5
weeks while worldwide EB-2 remains CURRENT. China EB-5 remains
CURRENT although retrogression could occur in August or
September.

Most of the family-based categories moved forward in July. The
worldwide FB-2A category (spouses and children of lawful permanent
residents), after retrogressing 16 months in June, remains frozen in
July. Do not expect any relief until October 2014 at the earliest. Most
of the other worldwide categories as well as the family-based
categories for Mexico and the Philippines advanced slowly,
from 1 to 4 weeks.

There is some good news here: (1) Philippines 1st (unmarried adult
sons and daughters of U.S. citizens) which advanced 4 months in
June, moved ahead another 7 months in July while Philippines FB-4th
(brothers and sisters of U.S. citizens) advanced 6 weeks; and
(2) Mexico FB-2B (unmarried adult sons and daughters of permanent
residents) which advanced 10 weeks in June moved ahead another 11
weeks in July while Mexico FB-1st advanced 6 weeks in July.

CANADIAN IMMIGRATION LAW UPDATES:
NPZ NEWS FROM NORTH OF BORDER.
CANADA BUSINESS TRANSFER UPDATES: NEW
GUIDELINES FOR INTRA-COMPANY
TRANSFEREES.
On June 9th, 2014, the government of Canada (CIC) published a new
guide for officers assessing work permit applications for Intra-Company
Transferees (ICTs) under the Specialized Knowledge
category, with a Labour Market Opinion (LMO) Exemption.

The new criteria will now include a more stringent definition of
"specialized knowledge" and a mandatory wage requirement.
Individuals covered under the North American Free Trade Agreement
(NAFTA) or under any future or current Free Trade Agreements (FTAs)
appear to be exempt from these changes.

"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN


ENTERTAINMENT
IMMIGRATION

UPCOMING
EVENTS

CIS CASE STATUS

CIS PROCESSING
TIMES

DOL PROCESSING
TIMES

SCHEDULE AN
INFOPASS
APPOINTMENT

CBP BORDER
WAIT TIMES

BORDER WAIT
TIMES
- - - - - - - - - - - -
IMMIGRATION LAW ISSUES.
HOW TO NOT ABANDON AND MAINTAIN LAWFUL
PERMANENT RESIDENCE STATUS IN THE U.S.
You may lose your permanent resident status (green card) if you
commit an act that makes you removable from the United States under
the law, as described in Section 237 or 212 of the Immigration and
Nationality Act (INA). If you commit such an act, you may be brought
before an immigration court to determine your right to remain a
permanent resident.
Abandoning Permanent Resident Status- You may be found to have
abandoned your permanent resident status if you: Move to another
country intending to live there permanently; Remain outside of the
United States for more than 1 year without obtaining a reentry permit
or returning resident visa. However, in determining whether your status
has been abandoned, any length of absence from the United States
may be considered, even if less than 1 year
Remain outside of the United States for more than 2 years after
issuance of a reentry permit without obtaining a returning resident visa.
However, in determining whether your status has been abandoned any
length of absence from the United States may be considered, even if
less than 1 year; Fail to file income tax returns while living outside of
the United States for any period Declare yourself a "nonimmigrant" on
your tax returns
SUPREME COURT CASE SPEAKS TO CHILDREN
LEFT BEHIND (Child Status Protection Act - CSPA).

:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
INA § 203(h)(3) provides alternate benefits - specifically, retention of
the original priority date and automatic conversion of the petition - for
beneficiaries who are found to have "aged out" under the age
preservation formula of the CSPA. In amicus curiae briefs filed first in
cases within the Third, Fifth and Ninth Circuits, and subsequently
before the U.S. Supreme Court, the American Immigration Council
argues that INA § 203(h)(3) must be interpreted to allow a derivative
beneficiary of any family-based, employment-based, or diversity visa
petition to retain the priority date of that petition when he or she is
found to have "aged-out" under the CSPA's age-preservation formula.
We and our colleague organizations argue that the BIA, in Matter of
Wang, 25 I&N Dec. 28 (BIA 2009), was mistaken in limiting INA §
203(h)(3) to only beneficiaries of family second preference visa
petitions. On June 9, 2014, a divided Supreme Court upheld Matter of
Wang. De Osorio v. Mayorkas, No. 12-930 (S.Ct. amicus brief filed
Nov.4, 2013). The Supreme Court accepted certiorari on June 24,
2013 in response to the government's petition (Mayorkas v. De Osorio,
No. 12-930) from a favorable en banc decision of the Ninth Circuit
Court of Appeals. 677 F.3d 921 (9th Cir. 2012) (amicus briefs filed
October 24, 2011 and May 11, 2012).
On June 9, 2014, a plurality of five Justices of the Supreme Court
agreed that § 203(h)(3) was ambiguous and that the Board's
interpretation of it in Matter of Wang was reasonable. Thus, the Court
upheld this interpretation. Four Justices dissented and would have
found that the statute should be interpreted as amici and the plaintiffs
argued.

NPZ LAW GROUP'S U.S. & CANADIAN IMMIGRATION LAW UPDATE (July 2014)

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