E-Newsletter- NPZ Law Group's u.s. & Canadian immigration law update for august 2014.

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n the middle of July, leaders from communities across the U.S. gathered at the White House in Washington D.C. for a National Convening on Immigrant and Refugee Integration. Attendees included …

n the middle of July, leaders from communities across the U.S. gathered at the White House in Washington D.C. for a National Convening on Immigrant and Refugee Integration. Attendees included practitioners, policymakers, elected officials, researchers, business representatives, and faith leaders. The participants discussed successful initiatives, as well as challenges and opportunities for immigrant integration.

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  • 1. http://archive.constantcontact.com/fs147/1011188341227/archive/1118048471819.html[8/6/2014 2:24:19 PM] 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. PERM UPDATE: DOL SPECIFIES NEW GUIDELINES ABOUT DISCLOSING FAMILIAL RELATIONSHIPS WHEN PREPARING THE PERM LABOR CERTIFICATION FORM. DOS UPDATE: U.S. VISA DATABASE FACES PROBLEMS AT FOREIGN CONSULATES. CBP ISSUES NEW CUSTOMS DECLARATION FORM. CONRAD VISA WAIVER UPDATE FOR FOREIGN MEDICAL Dear Readers: In the middle of July, leaders from communities across the U.S. gathered at the White House in Washington D.C. for a National Convening on Immigrant and Refugee Integration. Attendees included practitioners, policymakers, elected officials, researchers, business representatives, and faith leaders. The participants discussed successful initiatives, as well as challenges and opportunities for immigrant integration. In a growing number of Cities and Metropolitan areas, places in the U.S. many pro-immigrant activists and others are in the   process of actively working to welcome immigrants and encourage successful immigrant and refugee integration. We are entering an era of "competitive welcoming" in which more places recognize immigrants as an asset for their communities. In some Cities and Regions, community members recognize that immigrants and refugees can help reverse population decline, start new businesses, and revive neighborhoods. Immigrants are clearly being recognized as an asset and a scarce resource that cities are competing for. There is indeed a growing movement of welcoming cities, and a community that is unwelcome toward immigrants is a community that is behind the curve. Additionally, immigrant-friendly actions at the city and metropolitan level stand in direct contrast to inaction on national immigration reform in Washington. Canada and Australia are already competing for global talent, yet the U.S.
  • 2. http://archive.constantcontact.com/fs147/1011188341227/archive/1118048471819.html[8/6/2014 2:24:19 PM] GRADUATES - CONRAD 30 WAIVER PROGRAM. IS NURSING CONSIDERED A SPECIALITY OCCUPATION FOR THE H-1B? THE DOS VISA BULLETIN FOR AUGUST 2014 IS OUT! BE SURE TO CHECK IF YOUR PRIORITY DATE IS CURRENT TN CLASSIFICATION FOR MEXICANS AND CANADIANS UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT.. CONSULAR HOLDS AND ADMINISTRATIVE PROCESSING - 221(g).. NEW CAPS FOR FEDERAL SKILLED WORKER, FEDERAL SKILLED TRADES PROGRAMS, AND CANADIAN EXPERIENCE CLASS. 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 is still operating a twentieth century immigration system. Meanwhile, the welcoming cities movement in the U.S. is growing swiftly. The value that immigrants bring to communities is clear and borne out by report after report. More and more Members of Congress need to pay attention to what is going on in the communities they represent. Towns and cities in their districts are welcoming immigrants and refugees, recognizing the value that newcomers bring. For additional information about any U.S. and/or Canadian immigration law matter, please feel free to contact the U.S. and Canadian immigration and nationality lawyers and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling us at 201-670- 0006 (x107). PERM UPDATE: DOL SPECIFIES NEW GUIDELINES ABOUT DISCLOSING FAMILIAL RELATIONSHIPS WHEN PREPARING THE PERM LABOR CERTIFICATION FORM. Using the Program Electronic Review Management (PERM) Labor Certification Process is the most common way for a prospective employer and prospective employee to obtain the employment-based Green Card in the U.S. Since the case is not pre-certified, the employer and the employee have to submit a Labor Certification Application on Form 9089 to the U.S. Department of Labor (DOL). Once it is established that there are no "able willing and qualified U.S. workers" who can take the position then PERM application can be approved.   When a prospective PERM employer and employee are doing the PERM Labor Certification Process to get the Green Card, there are a multitude of queries that are made about the employer and the employee relationship on the Form 9089. One of the questions that is asked has to do with the "familial relationship" between the prospective PERM employer and the employee. There is a specific question on Form 9089 that asks this question. It is question C.9. Recently, the DOL released some more specific guidance to prospective PERM employers and employees about how to respond to this query.   TO READ MORE, PLEASE CLICK HERE . . .  DOS UPDATE: U.S. VISA DATABASE FACES PROBLEMS AT FOREIGN CONSULATES.    From July 20th 2014, the US Consular Consolidated Database (CCD) at the State Bureau of Consular Affairs has been "experiencing technical problems with their passport/visa system". The CCD system slow down it has created a tough task for applicants to obtain nonimmigrant visas at all consulates worldwide.   To date, the CCD system is performing below its normal operating capacity. Recent data revealed by the U.S DOS,  shows that nearly half of the average number of nonimmigrant visas have been issued
  • 3. http://archive.constantcontact.com/fs147/1011188341227/archive/1118048471819.html[8/6/2014 2:24:19 PM] and Nationality Lawyers, continue to bring employment and family- based immigration and nationality news and updates to your TV 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.   Cut-off dates for August 2014 - Visa Bulletin for August 2014 | Children coming across Southern Border into the U.S.        Cut off dates updated,  Visa Bulletin for August 2014, Children coming across desert and into the U.S. across the Southern Border, Expedited Removal,  Rule created in the 1990s to provide for a credible fear interview - NTA,   Why are children coming to the USA? We have a border crisis or are they refugees seeking asylum?      ========= even given the system slow down. Now it will be a challenge for the U.S DOS and Bureau of Consular Affairs to avoid a long visa back log.   FOR DETAILED INFORMATION ON NEW UPDATE ON "CCD SYSTEM PROGRESS", PLEASE CLICK HERE . . .   CBP ISSUES A NEW CUSTOMS DECLARATION FORM.   On July 31st, 2014, CBP issued a new customs declaration form - in print and online with new features that expands the definition of family members arriving to U.S. The new form will allow U.S.  citizens, residents and international visitors to file a joint customs declaration for items acquired abroad.  Under the new definition, members of a family residing in the same household who are related by blood, marriage, domestic relationship, or adoption are considered one category and will allow them to file only one customs declaration form. The new form - CBP Form 6059B - provides an expanded definition in the first paragraph.   TO READ MORE, PLEASE CLICK HERE . . .   CONRAD VISA WAIVER UPDATE FOR FOREIGN MEDICAL GRADUATES - CONRAD 30 WAIVER PROGRAM.    The U.S. Citizenship and Immigration Services Ombudsman provided a recommendation to USCIS on employment eligibility for J-1 Physician dependent (J-2) visa holders. USCIS indicated that it is open to reviewing current  regulations to consider whether steps should be taken to enable J-2 dependents to engage in employment while in H-4 status.     USCIS also mentioned that it doesn't believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three year employment obligations in a medically underserved area.   TO READ MORE, PLEASE CLICK HERE . . .  IS NURSING CONSIDERED A SPECIALITY OCCUPATION FOR THE H-1B?   Recently, USCIS issued a policy Memorandum with guidance on the adjudication of H-1B petitions for nursing positions. Most registered nurse (RN) positions do not qualify as a specialty occupation because they do not normally require a U.S. bachelor's or higher degree in nursing (or its equivalent) as the minimum for entry into those particular positions.     There are some situations, however, where the petitioner may be able to show that a nursing position qualifies as a specialty occupation. For example, certain advanced practice registered nurse (APRN) positions normally require a U.S. bachelor's or higher degree in a specific specialty occupation as the minimum for entry into these particular positions. This Memo provides additional background and guidance regarding the qualification requirements of H-1B for nurses.  
  • 4. http://archive.constantcontact.com/fs147/1011188341227/archive/1118048471819.html[8/6/2014 2:24:19 PM]   Comprehensive Immigration Reform (CIR) updated on July 2014        - CIR Republican and Democratic view points to immigration reform; - Republican: want to get something done but radicals won't help get it through; - Democrats: Violating constitution. Senate Bill. Republicans believe that if they vote for amnesty the immigrants will force Republicans out.     =============   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 . . . TO READ MORE, PLEASE CLICK HERE . . .  THE DOS VISA BULLETIN FOR AUGUST 2014 IS OUT! BE SURE TO CHECK IF YOUR PRIORITY DATE IS CURRENT.   The China-mainland born Employment Third and Third Other Workers cut-off dates have advanced for the month of August, and could do so again for September. There are two reasons for this advance after the retrogression of the cut-off date earlier this summer: 1) The heavy demand by applicants with priority dates significantly (years) earlier than the previous cut-off date has declined during the past two months, and 2) declining number use in the Family preferences during May and June, combined with updated estimates of such number use through the end of the fiscal year, has resulted in availability of several hundred numbers for use in the China-mainland born Employment Third preference.   During the past two months, the India Employment Second preference cut-off date has advanced very rapidly based on the projected availability of "otherwise unused" numbers under the worldwide preference limit. It must not be assumed that this cut-off date will continue to advance at the same pace during the coming months. A cut-off date does not mean that everyone with a priority date before such cut-off date has already been processed to conclusion. It remains to be seen how heavy the demand for visa numbers by applicants will be in the coming months, and what the priority dates of such applicants may be. Heavy demand by applicants with priority dates significantly earlier than the established cut-off date is expected to materialize within the next several months, at which time the cut-off date is likely to retrogress significantly.   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. TN CLASSIFICATION FOR MEXICANS AND CANADIANS UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT.
  • 5. http://archive.constantcontact.com/fs147/1011188341227/archive/1118048471819.html[8/6/2014 2:24:19 PM] *******   Quick Links SEARCH OUR SITE    THIS MONTH'S VISA BULLETIN    THE VISASERVE BLOG     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 North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if: You are a citizen of Canada or Mexico; Your profession qualifies under the regulations; The position in the United States requires a NAFTA professional; You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and You have the qualifications to practice in the profession in question. CONSULAR HOLDS AND ADMINISTRATIVE PROCESSING - 221(g). Section 221(g) of the Immigration and Nationality Act It is often the case when an applicant for a visa is told that a final decision cannot be made on his visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act and informs the applicant that the case will be put on hold until the applicant's eligibility for the visa can be determined. This processing "time-out" is taken frequently: approximately more than 1,100,000 visa applications were subjected to 221(g) during 2012. Technically, 221(g) is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel
  • 6. http://archive.constantcontact.com/fs147/1011188341227/archive/1118048471819.html[8/6/2014 2:24:19 PM] - - - - - - - - - - - - :: 201-670-0006 (X100) :: info@visaserve.com :: www.visaserve.com Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued. NEW CAPS FOR FEDERAL SKILLED WORKER, FEDERAL SKILLED TRADES PROGRAMS, AND CANADIAN EXPERIENCE CLASS. Recent developments effective May 1, 2014 provide qualified candidates with Canadian permanent residence who meet certain eliminatory conditions and assessment factors under a new Federal Skilled Worker selection grid. To qualify for permanent residence under the new FSW program, applicants must meet the following essential/eliminatory conditions: Possess one-year, within the previous 10 years, of work experience in one of  50 Fast Track High Demand occupations or the equivalent in part-time continuous employment; AND The work experience must be classified within Skill Type 0 (Managerial Occupations), Skill Level A (Professional Occupations), or Skill Level B (Technical Occupations and Skilled Trades) within the meaning of the National Occupational Classification (NOC) system; AND Demonstrate Intermediate proficiency in one of Canada's two official languages; Score sufficient points under the skilled worker point grid comprising of six selection factors. The current pass mark is 67 points; AND Possess suitable settlement funding; AND Undergo a successful security background and medical examination. Under the new rules, qualified applicants are evaluated against six factors to determine their eligibility for immigration to Canada. Applicants must obtain a total of 67 points out of a possible 100 in order to qualify. The selection factors are: Education; Language; Employment experience; Age; Arranged employment; Adaptability;