April 2014 us immigration law update- h-1 b fiscal year 2015 deadline looms - daca updates - visa bulletin for april 2014, etc

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April 2014 us immigration law update- h-1 b fiscal year 2015 deadline looms - daca updates - visa bulletin for april 2014, etc

  1. 1. http://archive.constantcontact.com/fs147/1011188341227/archive/1116959640386.html[4/1/2014 11:16:44 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 & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB. THE H-1B VISA DILEMMA: MARCH MADNESS COULD BRING H-1B SADNESS. BY: David H. Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq. USCIS TO ACCEPT H- 1B PETITIONS FOR FISCAL YEAR 2015 BEGINNING APRIL 1, 2014 ABCs OF H-1Bs (THIS IS PART V OF AN VIII PART SERIES): DOES MY MASTER'S DEGREE QUALIFY ME FOR THE H-1B MASTER'S CAP? By: Dear Readers:   Recently, an association of high-tech companies advocating for reform of immigration policies affecting higher-skilled workers, launched a report estimating the numbers of American jobs that are lost due to the lack of H-1B visas. The report estimates that 500,000 new U.S. jobs could have been created this year absent outdated restrictions on H-1B visas. From another perspective, the 2.37 million new payroll jobs created in 2013 might have been increased by 21 percent under a different H-1B scheme.   Higher-skilled immigrant workers grow the U.S. economy, drive cutting-edge innovation, and create more jobs for everyone, including native-born U.S.workers, as noted by the Washington Post. According to a new report by Standard & Poor's, "Adding Skilled Labor to America's Melting Pot Would Heat Up U.S. Economic Growth," highly skilled immigrants help create jobs for American workers, they don't take them away. Higher skilled workers complement U.S. workers' skills instead of competing with them, are more likely to start a new business than U.S.-born workers, and increase innovation and productivity.   As with the rest of our immigration system, the insufficient number of H-1B visas goes to a deeper problem of having an inflexible system that cannot respond to the demands of an ever-changing economy. Absent a few years of temporary increases, the cap on H-1B visas for skilled workers with bachelor's degrees has been set at 65,000 per year for over 20 years. Because demand far exceeds supply the cap runs out every year; last year it ran out in only a few days.  
  2. 2. http://archive.constantcontact.com/fs147/1011188341227/archive/1116959640386.html[4/1/2014 11:16:44 AM] Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq., DACA RECIPIENTS - "LEARN ABOUT YOUR RIGHT TO WORK" H-1B FISCAL YEAR (FY) 2015 CAP SEASON VISA BULLETIN FOR APRIL 2014 IS OUT!!!! ABCs OF H-1B PART I (A)... ABCs OF H-1B PART I (B) - David Nachman, Esq. and Rabindra Singh, Esq., immigration lawyers at the NPZ Law Group 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 screen each week on iTV. Watch "YOUR IMMIGRATION Notably, both legislation that passed the Senate in 2013 and various House proposals include an increase in the H-1B visa cap. Reform of the H-1B visa program and other skilled- worker programs is essential to grow our economy, balance our budget, and foster job growth, innovation and productivity while maintaining our competitive edge in the international technology industry.     For additional information about the H-1B nonimmigrant visa or to speak to one of our immigration and nationality lawyers about responding to an Request For Evidence (RFE) from the USCIS about the H-1B visa, please contact us at info@visaserve.com or call our offices at 201-670- 0006 (x 107). THE H-1B VISA DILEMMA: MARCH MADNESS COULD BRING H-1B SADNESS. BY: David H. Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq. The use of the term "lottery" is very deceptive in the context of a discussion about the H-1B professional and specialty occupation work visa. We often receive inquiries from potential H-1B beneficiaries who contact our offices asking us: "Where should I buy my H-1B Visa 2015 lottery ticket?" or "I want to get myself into the 2015 H-1B Visa lottery - How do I do that?" Reference to the "H-1B Lottery" is really a bit of a misnomer . . .   To shed some light here, the H-1B visa petition process is nothing like buying a lottery ticket. In fact, the preparation of the H-1B visa is just like the preparation of any other nonimmigrant work visa petition. The difference is that there is a specific "cap" or "limitation" on the number of H-1B nonimmigrant visas that are made available by the government each fiscal year.     If the number of H-1B petitions that are submitted exceeds the limitations then the H-1B petitions that are submitted are aggregated and submitted for adjudication using a process called "random selection".   TO READ MORE, PLEASE CLICK HERE . . . USCIS TO ACCEPT H-1B PETITIONS FOR FISCAL YEAR 2015 BEGINNING APRIL 1, 2014 U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.   The congressionally mandated cap on H-1B visas for FY 2015 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with a U.S. master's degree or higher are exempt from the 65,000 cap. USCIS anticipates receiving more than enough petitions to reach both caps by April 7th.     The agency is prepared to use a random selection process to meet the numerical limit. Non-duplicate petitions that are not selected will be rejected and returned with the filing fees.
  3. 3. http://archive.constantcontact.com/fs147/1011188341227/archive/1116959640386.html[4/1/2014 11:16:44 AM] 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.   IIFA 2014 - H-1B Visas Petitions and what H-1B Employers and Employees need to know about the April 1st H-1B cap.         H-1B Petitions and Visas: What is it; When to file; process of the H- 1B; obligations of H-1B Employer and H-1B Employee; How long it takes to get approval for the H-1B nonimmigrant visa; getting tickets to IIFA in April - tickets are being sold through Ticketmaster     IIFA Promotion  - Defense of Marriage Act (DOMA)|- The April 1st H-1B deadline.         International India Film Awards - IIFA Promotion - DOMA - March 31st deadline to reopen cases that were previously filed but denied - H-1B deadline - premium processing vs.    TO READ MORE, PLEASE CLICK HERE . . . ABCs OF H-1Bs (THIS IS PART V OF AN VIII PART SERIES): DOES MY MASTER'S DEGREE QUALIFIES ME FOR THE H-1B MASTER'S CAP? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq., Many F-1 visa holders, particularly those who are engaged in OPT, often change their immigration status to become professional specialty workers (H-1B workers). The H-1B cap is the Congressionally- mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.     Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap[i]. There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master's degrees (or higher degree) from a United States college or university[ii].   TO READ MORE ON "H-1B MASTER'S CAP", PLEASE CLICK HERE . . .  NPZ DACA UPDATES: DACA RECIPIENTS - "LEARN ABOUT YOUR RIGHT TO WORK".        Recently U.S Department of Justice, Civil Rights Division issued an informative flyer regarding protecting the rights of the DACA recipients.The Civil Rights Division of the U.S. Department of Justice has an office dedicated to ensuring that employers do not discriminate against individuals who are permitted to work in the U.S., including DACA recipients who have been granted work-authorization.     Employers cannot ask DACA recipients for more or different work- authorization documents than what is permitted for the Form I-9 and cannot reject valid work-authorization documents because of a DACA recipient's citizenship status or national origin. It is also unlawful for any employer to fire or refuse to hire DACA recipients because of their national origin.    FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .   H-1B FISCAL YEAR (FY) 2015 CAP SEASON      H-1B season for FY 2015 Cap season is about to start from April 1st, 2014. As in the past, we are certain that all of our readers are anxious to know whether this year will bring a lottery or random selection.     All of the projections seem to indicate that enough petitions will be received in the first several days to fill the quota. Stay tuned to NPZ's regular U.S. immigration law updates to get the latest about H-1B Fiscal Year 2015 Cap Season number usage.    PLEASE FEEL FREE TO VISIT OUR WEBSITE AND H-1B PAGE BY CLICKING HERE . . .  VISA BULLETIN FOR APRIL 2014 IS RELEASED!         Most immigrant visas to the U.S. are numerically limited both by preference category and by country of chargeability (which is, in most cases, one's country of birth). Most immigrants are sponsored either by
  4. 4. http://archive.constantcontact.com/fs147/1011188341227/archive/1116959640386.html[4/1/2014 11:16:44 AM] non-premium processing of H-1B visas for the April 1st start date - H- 1B has dual intent which is the intent to go to U.S. and intent to go back to native country.   IIFA Promotion - H-1B SEASON.        Promotion of IIFA event, Tampa Florida; premium processing fee for the H- 1B; approval and denial of the H-1B; Processing of H-1B; Be sure that employers prepare and maintain the public access file.   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 U.S. citizen or permanent resident relatives or, alternately, through their employment or investment in the United States.     Scroll down this page to see the current State Department Visa Bulletin, showing backlogs in both the family and the employment-based categories. If you are unfamiliar with the Visa Bulletin, read our explanation of the Family Categories and the Employment categories. You should also note that the visa bulletin is backward-looking, meaning that it indicates how long people in a given category have been waiting for visas, not the waiting times for those currently applying.   TO READ THE NUMBERS, PLEASE CLICK HERE . . .  "IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES. ABCs OF H-1B PART I (A)  - David Nachman, Esq. and Rabindra Singh, Esq., immigration lawyers at the NPZ Law Group, on YOUTUBE, discuss some H-1B issues during the H-1B season and what employers and employees can do to ensure that their cases are filed in a timely manner under the H-1B visa cap. There are Only 58,200 Regular H-1B Visas: Do Not Delay - It's Now Time to Strategize for the H-1B Season. The current annual cap on the H-1B category is 65,000. All H-1B nonimmigrants are not subject to this annual cap. Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H- 1B1 program specifically designed for the citizens of Chile and Singapore. Unused numbers in H-1B1 pool are made available for H- 1B use for the next fiscal year. Thus, in effect, only 58,200 H-1Bs visas are granted each year except 20,000 additional H-1B visas which are restricted to individuals who have received master's degrees or higher from U.S colleges or universities. ABCs OF H-1B PART I (B)  - David Nachman, Esq. and Rabindra Singh, Esq., immigration lawyers at the NPZ Law Group, on YOUTUBE, discuss the H-1B and
  5. 5. http://archive.constantcontact.com/fs147/1011188341227/archive/1116959640386.html[4/1/2014 11:16:44 AM] INFOPASS APPOINTMENT    CBP BORDER WAIT TIMES    BORDER WAIT TIMES - - - - - - - - - - - - :: 201-670-0006 (X100) :: info@visaserve.com :: www.visaserve.com information that is helpful to potential H-1B employers and potential H-1B employees. Two attestation obligations apply only to two types of employers: H-1B- dependent employers (as described in paragraphs (a) through (e) of this section) and employers found to have willfully violated their H-1B obligations within a certain five-year period (as described in paragraph (f) of this section). These obligations apply only to certain labor condition applications filed by such employers (as described in paragraph (g) of this section), and do not apply to LCAs filed by such employers solely for the employment of "exempt" H-1B nonimmigrants (as described in paragraph (g) of this section and § 655.737). These obligations require that such employers not displace U.S. workers from jobs (as described in § 655.738) and that such employers recruit U.S. workers before hiring H-1B nonimmigrants (as described in § 655.739).

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