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Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.'s Immigration Update (March 2014)
 

Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.'s Immigration Update (March 2014)

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The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues ...

The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues and block parties with them and you have sat with them in Church or Temple on the weekends. When the Immigration and Customs Enforcement (ICE) vehicles surround a house in the community with sirens blaring, children watch and wonder what they may have done wrong......

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

    • 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 & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB. ABCs OF H-1Bs (THIS IS PART II OF AN VIII PART SERIES): HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE PREVAILING WAGE IS IMPORTANT. WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO H-1B WORKERS? [PART II] WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO Dear Readers:   The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues and block parties with them and you have sat with them in Church or Temple on the weekends. When the Immigration and Customs Enforcement (ICE) vehicles surround a house in the community with sirens blaring, children watch and wonder what they may have done wrong. Our nation's political fabric was woven by those who could see the future. We are a "Nation of Immigrants". On Capitol Hill two (2) House Hearings were held this week. One Hearing dealt with the President's right to exercise "prosecutorial discretion". Essentially, the GOP had to find a way to force the President's exercise of his "power" into the limelight. The other Hearing dealt with the unprecedented increase in removal actions under the Obama Administration. Obviously, an increase in removal actions signals that the Administration is serious about the "enforcement" side of any potential reform bill. Unfortunately, whether political or not, hardworking foreign nationals who have been living and working in the U.S. for many years have fallen victim to our nation's outdated immigration laws. Spring is a time for change. The House Republican leadership must follow through on its promises to implement immigration reform which will, among other things, address the 11 million undocumented immigrants living in the U.S. As we have pointed out in the past, reforming the U.S. immigration system is a job creator. A report by the former director of the Bipartisan Policy Center, who is now Speaker John A. Boehner's top immigration adviser, found immigration reform would shave more than $1.2 trillion off the federal deficit over 20 years and grow the nation's economy an additional 4.8 percent over a 20-year period. Immigration reform also means legalized immigrants will pay more than $100 billion in additional taxes over the next decade, including to state and local http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014 3:15:37 PM]
    • H-1B WORKERS? [PART III] IMMIGRATIONRELATED AUDITS: WHAT EMPLOYERS NEED TO KNOW ?? ICE RELEASED DACA RENEWAL GUIDANCE VISA BULLETIN FOR MARCH 2014 IS OUT!!!!! TRAINING OF CONSULAR OFFICERS WHO HANDLE THE VISA PROCESSING AT THE U.S. CONSULATE OFFICES ABROAD. MISSION INDIA / TEAM INDIA STRIVES FOR TRANSPARENCY AND CONSISTENCY IN THE VISA ADJUDICATIONS PROCESS ABROAD. YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ., PROVIDE U.S. IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV. governments. Of course it is not only an economic question, but it is estimated that formerly undocumented individuals would add a net $606.4 billion to the Social Security system over the next 36 years. This will fund a lifetime of retirement benefits for 2.4 million Americans, or 6.5 percent of current beneficiaries. To hell with EB-5. Numbers like this sound like the best "investor visa" program that the U.S. could ever implement. Passing comprehensive immigration reform should never have been delayed this long. On a different note, "H-1B season" is now in full swing and we are focused on getting all of our client's H-1Bs to the USCIS on April 1st. Let's be perfectly clear that the media is going to be touting potential usage numbers for the H-1B very soon. Do not be lulled into a false sense of security. The H-1B cap-cases (65,000 and 20,000) are going to go very fast. The economy is recovering. Previously reluctant companies are now sponsoring. Now is the time to act.     For additional information about immigration reform or about H-1B visa season, please feel free to contact the immigration attorneys at the NPZ Law Group at info@visaserve.com or by calling us at 201-6700006 (x107). ABCs OF H-1Bs (THIS IS PART II OF AN VIII PART SERIES): HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE PREVAILING WAGE IS IMPORTANT. Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.     In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.   TO READ MORE ON "ABCs OF H-1Bs", PLEASE CLICK HERE . . .  WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO H-1B WORKERS? [PART II]. David Nachman, Esq., Ludka Zimovcak, Esq.  and Michael Phulwani, Esq., your Immigration and Nationality Lawyers, continue to bring employment and familybased immigration and In the context of an H-1B visa, it is the definition of "professional" employees that may pose a challenge for employers in deciding whether the employee qualifies for an exemption or not pursuant to the FLSA. There are two types of "exempt" professional employees under the FLSA: learned professionals and creative professionals.   To qualify for the learned professional employee exemption, all of the following tests must be met: (1) The employee must be compensated on a salary or fee basis at a rate not less than $455 per week ($23,660.00 annually); (2) The employee's primary duty[iii] must be the http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014 3:15:37 PM]
    • 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.   Cut-off dates, CIR, H-1B, Treaty Visas for India? E-1 & E-2 visas. H-1B Professional and Specialty Visas for April 1st 2014. STEM OPT for students.         H-1B applications for fiscal year 2014 and Comprehensive Immigration Reform.    By way of background, each Fiscal Year (FY), Congress mandated an annual cap of 65,000 H1B visas for "professional and specialty occupation workers" who possess the equivalence of a U.S. Bachelor's Degree. There are also an additional 20,000 H-1B visas available for individuals who possess the U.S. Master's Degree or other advanced degrees from U.S. Colleges or Universities. Some cases are NOT performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; (3) The advanced knowledge must be in a field of science or learning; and (4) The advanced knowledge must be 'customarily' acquired by a prolonged course of specialized intellectual instruction.   TO READ MORE ABOUT "DOL RULES FOR H-1B WORKERS OVERTIME", PLEASE CLICK HERE . . .  WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO H-1B WORKERS? [PART III]. To claim learned professional exemption under the FLSA, the employee must work in a profession where specialized academic training is a standard prerequisite for entrance into the profession. FLSA regulations specifically state that the best evidence for meeting this requirement is having the appropriate academic degree. However, the exemption may be available to employees in such professions who have substantially the same knowledge level and perform substantially the same work as the degreed employees, but who attained the advanced knowledge through a combination of work experience and intellectual instruction.      Since the minimum requirement for the H-1B visa is a baccalaureate or higher degree or equivalent (both for the offered job and the prospective employee) in all probabilities this would satisfy the FLSA requirement - that the employee must work in a profession where specialized academic training is a standard prerequisite for entrance into the profession - required to claim the learned professional exemption.   TO READ MORE ON "DOL RULES FOR H-1B WORKERS OVERTIME", PLEASE CLICK HERE . . .  IMMIGRATION-RELATED AUDITS: WHAT EMPLOYERS NEED TO KNOW?      There are three potential "hot spots" for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa.     The second area of potential audit concerns the employer's obligations under the Immigration Reform and Control Act of 1986 ("IRCA") [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the "I-9 Process").     The third, and one more recent, area of audit surrounds the new Labor Certification Application Program called "Permanent Electronic Review Management" ("PERM"). Each of the foregoing government programs anticipates compliance through "audit". Even a rudimentary understanding of the complex documentary requirements for each of these programs can help and employer to avoid potential liability.   FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .   TO UNDERSTAND THE IMPORTANCE OF PROPERLY PREPARING THE I-9 FORM AND USE OF E-VERIFY, PLEASE CLICK HERE TO http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014 3:15:37 PM]
    • subject to the cap. For example, Institutions of Higher Education and Government Research Organizations are H-1B Cap exempt organizations. It continues to be the case that H-1B visa petitions filed on behalf of current workers who have been counted previously against the H-1B visa cap are also not included in the annual cap. Our offices continue to assist international students who are trying to obtain the H-1B nonimmigrant visa. We also assist employers with E-Verify applications, so that they can offer international students, who are working for them in Optional Practical Training (OPT), a 17month STEM extension. In 2008, there was a regulation that gave some assistance to international students in the U.S. who applied for H-1B during their OPT. At that time, a regulation was promulgated that provided "cap-gap" relief for F-1 students with approved H-1B petitions if the H-1B was filed while the student was still in a period of approved work authorization.        H-1B Petitions for fiscal year 2014, comprehensive immigration reform, cir, poverty guidelines for I- CHECK OUT THE VIDEO PRESENTATION . . .  ICE RELEASES DACA RENEWAL GUIDANCE.        For many DACA applicants, June 2014 will be the time for renewal of their EADs. Recently USCIS released guidance for those granted deferred action under the DACA process by ICE who have an EAD expiring in the next 120 days.     According to the guidance, DACA renewals must be approved prior to the expiration of the initial period of deferred action to avoid a lapse in employment authorization or accrual of unlawful presence.   FOR DETAILED INFORMATION ON DACA RENEWAL GUIDANCE, PLEASE CLICK HERE . . .     For more information about the DACA EAD Renewal and Process, please feel free to contact NPZ Law Group, P.C. at 201-6700006 (x100) or e-mail us at info@visaserve.com   VISA BULLETIN FOR MARCH 2014 IS OUT!       The March 2014 Monthly Visa Bulletin shows minor to moderate advancement of cut-off dates in all EB-2 and EB-3 categories, with the exception of the EB-2 for India, which remains unchanged.     At the end of fiscal year 2013, there were considerable advancements in cut off dates in the EB-2 and EB-3 India categories. In order to regulate the large increase in demand that followed, these cutoff dates retrogressed significantly in December. In January and February, there was no movement in the EB-2 or EB-3 India categories; meanwhile, the EB-3 China category continued to move ahead of the EB-2 China category. The March Visa Bulletin indicates no movement of the EB-2 India category, minor forward movement of the EB-3 India category, and continued advancement of the EB-3 China category ahead of the EB-2 China category.   As a result of continued heavy demand, a cutoff date for individuals in the family-based F-2A category from Mexico will retrogress to April 15th, 2012, while a cutoff date of September 8, 2013 will remain in effect for individuals in the F-2A category from all other countries.    FOR MORE DETAILED INFORMATION OR TO CHECK THE AVAILABILITY OF YOUR PRIORITY DATE, PLEASE CLICK HERE . .. "IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES. TRAINING OF CONSULAR OFFICERS.  WELLTRAINED OFFICERS CAN ENSURE AN EFFICIENT VISA PROCESS AT THE U.S. CONSULATE ABROAD.  http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014 3:15:37 PM]
    • 864, varied income, joint sponsor and asset liquidation considerations, ethics of the joint sponsorship, NVC issues, assets, CIR, pathway to citizenship, amendments to the I-129 H-1B Visa Petition.      ----------------- Quick Links SEARCH OUR SITE    THIS MONTH'S VISA BULLETIN    THE VISASERVE BLOG    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 Consular officers are highly skilled and highly motivated professionals who have been entrusted with the great responsibility of ensuring that the border security of the United States is enforced. In order to meet the high demand for nonimmigrant visas, consular officers process several hundred applicants a day in as courteous and efficient a manner as possible. This process can be stressful for both officers and applicants alike.Applicants, especially those to whom nonimmigrant visas are not issued, may sometimes feel that they were treated unfairly. The U.S. State Department greatly values customer service and trains its consular officers to uphold the highest level of service for each applicant. Applicants can and should expect to be treated courteously no matter the outcome of the visa interview. Likewise, consular officers wish to be treated respectfully, no matter the outcome of the visa interview. The consular adjudication process is rooted in US immigration law, and is not a capricious decision. The US State Department invests a considerable amount of its resources into the training of its consular officers. Every consular officer receives mandatory seven-week training in the application of US immigration law. The training consists of consular courses taught by senior consular officers, group projects and case studies, and observation sessions at airports to learn how visa holders are processed at the port of US entry. Weekly examinations measure the consular officers' progress and document their mastery of US immigration law. Once the consular trainees have completed their exams, they graduate and are officially commissioned by the US president with approval of the US Congress, to represent the United States as consular officers. MISSION INDIA / TEAM INDIA. INDIA CONSULATE OFFICE STAFF WORK TO PROVIDE TRANSPARENCY AND CONSISTENCY IN THE VISA PROCESS. http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014 3:15:37 PM]
    • -----------:: 201-670-0006 (X100) For decades, the various American posts in India had processes as diverse as the Indian cities they inhabited, with unique procedures, local rules, and ways of doing business that at times caused confusion and wasted time.  But in September of 2009, U.S. Embassy New Delhi and the U.S. Consulates across India adopted an innovative approach to providing consular services.  Instead of working independently, consular units formed a larger team.  As part of Consular Team India, each consular operation functions as part of an India-wide system, not just a local outpost.  The success of CTI in unifying five geographically, culturally and linguistically diverse posts across an area one third the size of the United States with a population four times larger is a remarkable achievement.  But this is no top-down bureaucracy: each post in CTI has ownership of a specific consular function that covers all of India, giving each post a stake in CTI's overall success.  With a common base of information and shared responsibilities, the five offices continually share best practices, lessons learned, metrics, and find solutions to challenges collectively, a functioning example of the wisdom of the motto inscribed on the Seal of the United States: e pluribus unum - Out of many, one!  Today, each and every consular customer can expect to receive the same quality of consular services at every post in India - and as part of the CTI approach, for most services they can visit whichever post they find convenient, regardless of where in India they reside.  Through better coordination and communication, CTI ensures that U.S. and Indian clients can expect the same excellent service and familiar processes at Kolkata or Chennai, Hyderabad or Mumbai, or in the capital New Delhi.  This innovative approach is now being replicated in other large multi-post consular countries to better serve consular clients.  As members of CTI we are proud that the excellence we have created to India is now helping consular customers around the globe. :: info@visaserve.com :: www.visaserve.com http://archive.constantcontact.com/fs147/1011188341227/archive/1116698114899.html[3/3/2014 3:15:37 PM]