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Npz law group's u.s. & canadian immigration law update immigration reform h 4 visas

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  • 1. http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 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. DID YOU LOSE THE LOTTERY? CONSIDER EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP. INDIA'S ELECTIONS ARE LOOMING: EXPORTS TO US HAS SHOWN INCREASING TREND. BETTER LATE THEN NEVER: USCIS PROPOSES NEW RULE FOR H-4 DEPENDENT SPOUSES. OBAMA ADMINISTRATION TO PROMOTE HIGH Dear Readers:   The spouses of some H-1B visaholders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent. Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent."   The rule change will amend existing regulations to allow H-4 dependent spouses of certain H-1B visaholders to request employment authorization. Under current regulations, DHS does not allow employment authorization to H-4 dependents. The proposed changes allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has started the green card process through employment.   The proposed changes address visa rules that have caused difficulties for the spouses of skilled immigrants (mainly from China, India and the Philippines), who are working on H-1B visas. Spouses, mainly wives, often have skills and education, but are not authorized to work in the U.S., causing their careers to languish. The change is important given the backlogs for green cards. Spouses of highly-skilled workers with H-1B visas will now be able to seek employment during
  • 2. http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 AM] SKILLED H-1B1, CW-1 NON-IMMIGRANT AND EB-1 IMMIGRANTS. STARTING ON MAY 5TH, 2014, ONLY THE CURRENT NATURALIZATION APPLICATION WILL BE ACCEPTED BY USCIS. THE VISA BULLETIN FOR JUNE 2014 IS OUT! MORE MIXED NEWS FOR PRIORITY DATE HOPEFULS. BREAKING CANADIAN IMMIGRATION LAW NEWS: NEW CAPS FOR FEDERAL SKILLED WORKER, FEDERAL SKILLED TRADES. SOME H-4's MAY SOON BE ABLE TO WORK: WATCH THE VIDEO. OPTIONS FOR H-1B LOTTERY LOSERS - PART 1: WATCH THE VIDEO. 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 long waits.   In addition, and in furtherance of the same policy, another new rule was announced that will expand the current list of evidentiary criteria for employment-based preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This new rule harmonizes the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories. The two proposed changes are important, but are not a long-term fix. Congress needs to act immediately and to pass legislation to reform the immigration system and to create an unfettered pathway for foreign entrepreneurs and innovators.   For more information about work authorization for H-4 visaholders or about CIR, please feel free to contact the U.S. and Canadian Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling our offices at 201-670- 0006 (x107).     Also, and needless to mention but, if you like our newsletter and videos, please do not forget to "LIKE" us on FACEBOOK and on YOUTUBE!    DID YOU LOSE THE LOTTERY? CONSIDER EXPLORING WORK VISA OPTIONS BEYOND THE H- 1B CAP. USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 that will begin October 1st, 2014. The lottery (also referred as "random selection process") has been completed and USCIS sent receipt notices.     With uncertainty looming large as to who may or may not cross the 'threshold' hurdle of H-1B visas, it is time that prospective H-1B visa beneficiaries start exploring other work visa options that may allow them to remain in the U.S. on a temporary basis.     This article seeks to provide readers with the snapshot of possible work visa options that may be available to the unlucky prospective H-1B visa beneficiaries who do not make to the H-1B cap.   TO READ MORE ON "ALTERNATE WORK VISA OPTION BEYOND H-1B CAP", PLEASE CLICK HERE . . .  INDIA'S ELECTIONS ARE LOOMING: EXPORTS TO US HAS SHOWN INCREASING TREND. A Seminar on "President Outlook on Comprehensive Immigration Reform of U.S. and way to establish a 'Subsidiary' as a conduit for Immigration" was organized by FIEO in Mumbai and through video conferencing in New Delhi on January 22, 2014.   Mr. Amit Goyal, Vice President and Regional Chairman, FIEO West
  • 3. http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 AM] 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.   H-1B'S REACHED CAP, PREMIUM PROCESSING | ALTERNATIVES TO H-1BS | RFE'S | H- 1B'S TIMELINE      - H-1B's reached cap on april 5th, 2014; lottery conducted; premium processing 20th; May 5th now returning H- 1b's;  - Alternatives to H-1B's - TN, E-3, O-1, etc... - H-1B's RFE  - H-1B timeline    Post H-1B filing, Changing to another nonimmigrant visa, Receiving an RFE for H-1B petitions or applications      Region welcomed U.S. Immigration and Nationality Attorneys, David Nachman and Michael Phulwani for the seminar. Mr. Ahluwalia, Managing Committee Member, FIEO and Mr. Ashish Jain, Director FIEO North Region were present at the event through video conference.   TO READ MORE, PLEASE CLICK HERE . . .  BETTER LATE THEN NEVER: USCIS PROPOSES NEW RULE FOR H-4 DEPENDENT SPOUSES.      Recently, the Department of Homeland Security, proposed to extend the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants. The extension would be limited to H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful permanent resident status through employment.     This population will include those H-4 dependent spouses of H-1B nonimmigrants if the H-1B nonimmigrants are either the beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) or who have been granted an extension of their authorized period of admission in the United States.   TO READ MORE, PLEASE CLICK HERE . . .      OBAMA ADMINISTRATION TO PROMOTE HIGH SKILLED H-1B1, CW-1 NON-IMMIGRANT AND EB-1 IMMIGRANTS.      Recently DHS proposed to amend its regulations in several ways to improve the programs serving the E-3, H-1B1, and CW-1 nonimmigrant classifications and the EB-1 immigrant classification for outstanding professors and researchers.     The proposed changes would harmonize the regulations governing these classifications with regulations governing similar visa classifications by removing unnecessary hurdles that place E-3, H- 1B1, CW-1 and certain EB-1 workers at a disadvantage.   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . STARTING ON MAY 5TH, 2014, ONLY THE CURRENT NATURALIZATION APPLICATION WILL BE 
  • 4. http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 AM]    - Post-H-1B filing: Options for those not selected, exemptions for the H-1B cap, those on OPT (STEM extensions) - Changing into other nonimmigrant visa categories; - Receiving RFE (Requests for Evidence) for H-1B petitions; queries involving businesses necessity to have H-1B applicant, educational equivalency and experience, submitting a strong application initially to avoid an RFE.     =============   UPCOMING EVENTS   NJICLE: U.S. Immigration Law Basics   When: Thursday, June 26, 2014   Time:  9:00 AM to 4:30 PM    Where:   NJ Law Center One Constitution Square New Brunswick, NJ   * * * * * * *   NJICLE: Hiring, Retaining & Terminating Foreign Nationals - A Webinar    When: Tuesday, Sept. 30, 2014   Time: 12 PM to 1:40 PM   For detailed ACCEPTED BY USCIS.      Beginning May 5th, 2014, USCIS will only accept the current edition of Form N-400, Application for Naturalization. USCIS also mentioned that it will reject and return all naturalization applications using previous versions of Form N-400 received after Sunday, May 4th, 2014.  FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . THE VISA BULLETIN FOR JUNE 2014 IS OUT! MORE MIXED NEWS FOR PRIORITY DATE HOPEFULS.   Recently, the U.S. Department of State (DOS) released the June 2014 Visa Bulletin. The Philippines EB-3 continued to move steadily. It is now into 2008.     The Chinese EB-2 and EB-3 are no longer inverted. The Chinese EB-3 moved all the way back to October 2006. It remains to be seen if the Chinese EB-2 and EB-3 categories will swap places again in the beginning of the next fiscal year, which is October 1, 2014. The "All Other" EB-3 category moved back as well. It is now at April 2011. It is not likely to progress until the beginning of the next fiscal year. The Indian numbers basically remained the same. For more information about Priority Dates and how long it may take for you to get your green card please e-mail us at info@visaserve.com . . .   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . CANADIAN IMMIGRATION LAW UPDATES:  NPZ NEWS FROM NORTH OF BORDER. BREAKING CANADIAN IMMIGRATION LAW NEWS: NEW CAPS FOR FEDERAL SKILLED WORKER, FEDERAL SKILLED TRADES PROGRAMS, AND CANADIAN EXPERIENCE CLASS.     Follow recent changes to the Canadian Immigration Law with our colleague, Veronique Malka, Manager of the CLG at NPZ . . .    EFFECTIVE MAY 1st, 2014, THE CANADIAN GOVERNMENT HAS ANNOUNCED THE FOLLOWING:   Federal Skilled Worker Program: Federal Skilled Workers are chosen as permanent residents based on their ability to prosper in Canada. They are assessed according to a selection grid made up of six factors, including language, education, work experience, etc. Overall cap of 25,000 applications in eligible occupations stream Cap of 500 applications for PhD eligibility stream No limit on applicants who have a valid job offer from a Canadian employer Sub-caps of 1,000 applications for each of the 50 eligible occupations below (their 2011National Occupational Classification (NOC) code is included in brackets): FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 
  • 5. http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 AM] information, please click here . . . *******   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       "IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES. SOME H-4's MAY SOON BE ABLE TO WORK.   Spouses of H-1B or nonimmigrant visa holders (H-4 visa holders) can now breathe a sigh of relief as the Department of Homeland Security (DHS) in the U.S has extended employment opportunities. Prior to this regulatory change, spouses were not allowed to be employed, leading to frustration and inconvenience among qualified immigrants. According to the data collected by United States Citizenship and Immigration Services (USCIS) many (thousands of) spouses had to wait for sometimes as long as 12 years to get a green card or work permit before they could work. The ability for H-4 nonimmigrants to work is only be provided to the spouses of highly-skilled H-1B visa holders who are "on the road" to the green card. The selective provision has been granted to maintain a transparency in the organization as well add to the economic growth of the nation. The Obama Administration has taken this initiative to
  • 6. http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 AM] - - - - - - - - - - - - :: 201-670-0006 (X100) :: info@visaserve.com :: www.visaserve.com provide equal opportunity for qualified and deserving individuals to make their mark in the U.S. and to remain globally competitive. DHS has stated that it recognizes this rule will encourage H-1B skilled workers to not abandon their adjustment application because their H-4 spouse is unable to work. OPTIONS FOR H-1B LOTTERY LOSERS - PART 1   Now that all of the new H-1B visas for the 2015 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have? Here are some creative solutions to this problem:   OPT - STEM Extension If the company is registered for E-Verify, the database that enables employers to verify the legitimacy of work authorization and identity documents at the time of hire, those who have been granted 12 months of Optional Practical Training after graduation, are eligible for a STEM extension of an additional 17 months of work authorization.   O-1 Visa The O-1 visa is suited for individuals of extraordinary ability or achievement. The O classification is a useful and flexible alternative to the H-1B program because there is no overall limit on time in the classification and there is no cap. O-1 beneficiaries in the sciences, arts, education, business, or athletics must have extraordinary ability "demonstrated by sustained national or international acclaim."   E-3 Visa The E-3 visa classification is limited to Australian Professionals. The E- 3 visa is a "specialty occupation" visa similar to the H-1B visa. Therefore to be eligible for the visa, the Australian citizen must possess a bachelor's degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. There is a 10,500 annual limit on the E-3 visa.   L-1 Visa The L-1 visa is an option for international organizations with offices in the United States who transfer employees to the United States for temporary periods of time. In order to be eligible for an L-1 visa, the petitioning entity must prove that the beneficiary of the visa has worked for the non-U.S. based sister company/subsidiary for at least one full year within the last three years as an executive, manager or employee with specialized knowledge.
  • 7. http://archive.constantcontact.com/fs147/1011188341227/archive/1117356758266.html[5/16/2014 11:51:03 AM] H-1B Visa for FY2016 WAIT for the H-1B FY2016 Quota. The H-1B FY2016 Quota will open on April 1, 2015 with employment beginning on October 1, 2015. 65,000 visas are annually allocated to foreign nationals who possess a bachelor's degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. We can begin to prepare cases for the annual quota now; however, no cases will be filed with the USCIS towards the CAP until after April 1, 2015.