1. 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., PROVIDE U.S.
IMMIGRATION LAW
UPDATES ON TV ASIA
& ITV: VLOG & USCIS
NEWS UPDATES ON
THE WEB.
Dear Readers:
Comprehensive Immigration Reform issues seem to be back
on the front burner, at least for now. While a potential House
approach on legalization would allow fewer unauthorized
immigrants to gain lawful permanent residence than Senate
Bill S. 744, it could form the basis for an agreement on
immigration reform, according to a new study by the National
Foundation for American Policy (NFAP), an Arlington, Va.based policy research group.
AS THE NEW YEAR
2014 BEGINS, WE ASK
. . . WILL THERE,
AGAIN, BE AN H-1B
VISA LOTTERY IN
APRIL? PLANNING
FOR THE H-1B VISA
SEASON IS KEY TO
BEING ABLE TO
CONTINUE YOUR
WORK AUTHORIZED
STATUS IN THE U.S.
The Study, "A Path to an Agreement?: Analyzing House and
Senate Plans for Legalizing the Unauthorized Immigrant
Population," is available at www.nfap.com.
EMPLOYMENT
AUTHORIZATION
REQUIRED FOR AN E2 SPOUSE? IN LIGHT
OF RECENT BIA
GUIDANCE, WE NOW
THINK NOT.
"Legalization of the unauthorized immigrant population can be
a key element in a political compromise to fix major flaws in
America's immigration system," said the report's author.
"Without legalization, it is unlikely the United States will see
any major changes in immigration law on low skill or high skill
visas and green cards, or enforcement measures sought by
many members of Congress."
"DEFINING
PARTNERSHIP OF
THE 21ST CENTURY":
E VISA POSSIBILITY
A potential House approach is likely to result in green cards
going primarily to those unauthorized immigrants with the
strongest connection to the United States and least likely to
leave voluntarily - unauthorized immigrants who came here
as children and adults with U.S.-born children or U.S. citizen
spouses, the Study finds.
The Study focuses on legalization that permits individuals to
become lawful permanent residents (green card holders).
Sometimes called a "path to citizenship," in reality, the issue
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2. FOR INDIAN
CITIZENS?
AUTOMATIC
REVALIDATION FOR
CERTAIN TEMPORARY
VISITORS: CAN I REENTER THE U.S. WITH
A VALID I-94 AND AN
EXPIRED VISA?
NEW PROPOSED
LEGISLATION TWISTS
THE FACTS ON
IMMIGRANTS AND
TAXES
USCIS FORM N-648
FOR NATURALIZATION
CANDIDATES
SEEKING MEDICAL
DISABILITY
EXCEPTIONS
THERE ARE MANY
BENEFITS TO
BECOMING GREEN
CARD HOLDER IN THE
U.S. AND THEN TO
BECOME A U.S.
CITIZEN
THE DEPARTMENT OF
STATE HAS JUST
RELEASED THE
FEBRUARY 2014 VISA
BULLETIN
CONSULAR
INFORMATION UNITS
CONSULAR HOLDS
AND ADMINISTRATIVE
PROCESSING - 221(g).
UPCOMING NPZ LAW
GROUP EVENTS IN
INDIA - PLEASE
CONTACT US IF YOU
OR A FRIEND OR
FAMILY MEMBER
WOULD LIKE TO
ATTEND
YOUR
IMMIGRATION
LAWYERS,
MICHAEL
PHULWANI, ESQ.
AND DAVID
NACHMAN, ESQ.,
PROVIDE U.S.
is whether unauthorized immigrants will be granted the ability
to achieve lawful permanent residence, also known as a
"green card." That status would allow individuals to stay in
the United States permanently (barring committing certain
criminal offenses) and, typically after 5 years (if they choose)
to apply for citizenship (and receive it if they meet the
standards).
One cannot be sure what limitations would look like in a
House Bill without legislative language, which means the
estimates for potential legalization should be understood with
that caveat. Moreover, these numbers do not include
potentially 2 to 5 million people who, if they came forward
and did not have disqualifying criminal convictions, could be
allowed to stay in the United States in lawful status, for the
rest of their lives, but without obtaining a green card because
they did not fit into a legal immigration category.
The U.S. Immigration Lawyers and Attorneys at the NPZ Law
Group continue to assist clients to obtain green cards and
temporary work permits. We also monitor the prospects for
CIR. For more information about Comprehensive Immigration
Reform (CIR) or the way that CIR may impact you, your
friends or your family, please feel free to contact us at
info@visaserve.com or you can call us at 201-670-0006
(x107).
AS THE NEW YEAR 2014 BEGINS, WE ASK . . . WILL
THERE, AGAIN, BE AN H-1B VISA LOTTERY IN
APRIL? PLANNING FOR THE H-1B VISA SEASON IS
KEY TO BEING ABLE TO CONTINUE YOUR WORK
AUTHORIZED STATUS IN THE U.S.
It is that time of year again! We always hear the accountants moan and
groan about the approaching April 15th deadline each year but, you
have to listen a bit more closely and you will hear (and see) the U.S.
business immigration lawyers and attorneys manifesting their distaste
for the April 1st filing date for "cap" subject H-1B professional and
specialty occupation workers.
Well, here we go again . . .
On April 1st, 2014 marks the first day when prospective H-1B
petitioning employers and prospective H-1B employees will be able to
apply to the U.S. Department of Labor ("DOL") for and Labor Condition
Application ("LCA") and Petition to the U.S. Citizenship and
Immigration Services ("CIS") for H-1B visa petitions for employment in
the fiscal 2014 - 2015 year ("FY 2014"). Our advice to our H-1B
employer clients continues to be that they need to think about filing H1B petitions on (or very close to) April 1st for new and existing
employees who will be eligible for a first-time H-1B visa to begin their
employment on or after October 1st, 2014.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
EMPLOYMENT AUTHORIZATION REQUIRED FOR
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3. IMMIGRATION
LAW UPDATES
ON TV ASIA &
ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB & ON TV.
AN E-2 SPOUSE? IN LIGHT OF RECENT BIA
GUIDANCE, WE NOW THINK NOT.
On November 5th, 2013, the Board of Immigration Appeals (BIA)
issued an unpublished decision that reverses the denial of an
adjustment application and holds that the respondent was not required
to obtain an employment authorization document as the spouse of an
E-2 treaty investor (Matter of Lee, November 5, 2013). On the face of
it, while this may seem not to be a big deal, let's take a closer look . . .
TO READ MORE, PLEASE CLICK HERE . . .
"DEFINING PARTNERSHIP OF THE 21ST CENTURY":
E VISA POSSIBILITY FOR INDIAN CITIZENS?
David Nachman, Esq.,
Ludka Zimovcak, Esq.
and Michael Phulwani,
Esq., your Immigration
and Nationality Lawyers,
continue to bring
employment and familybased immigration and
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.
TRIP TO INDIA WITH
AILA DELEGATION
AND
INTERNATIONAL
STUDENT (F-1)
VISAS
David Nachman, Esq. and Michael Phulwani, Esq. are "on the road" in
India and meeting with Officers in the U.S. Embassy to discuss the
possibility of (among other things) garnering support and effectuating
change to the present investment treaty laws between the U.S. and
India. Here is some background . . .
U.S. immigration laws specifically authorize the issuance of E visas to
nationals of a country that has qualifying treaty[i] of commerce and
navigation with the United States. Such qualifying treaties may include
treaties of Friendship, Commerce and Navigation (FCNs) and Bilateral
Investment Treaties (BITs).
A BIT is an agreement establishing the terms and conditions for private
investment by nationals and companies of one state in another state.
This type of investment is called foreign direct investment (FDI). BITs
acts as a tool in protecting the FDI in a volatile market. Especially, they
protect foreign investments in light of the risks that foreign investors
face in many parts of the world, including cancellation of concessions,
leases, or licences; expropriation of shares; windfall, royalty, and other
taxes; exchange rate risks; prohibition on the repatriation of profits;
political or court interference; environmental regulation and
remediation responsibility; land rights issues; riots; and protests, to
name but a few.
Faced with such risks, and given the likelihood that local courts and
laws may not provide a speedy, effective and unbiased means of
resolving investment disputes, BITs provide foreign investors with an
additional level of protection under international law.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
AUTOMATIC REVALIDATION FOR CERTAIN
TEMPORARY VISITORS: CAN I RE-ENTER
THE U.S. WITH A VALID I-94 AND AN EXPIRED
VISA?
doing change of status;
doing consular
processing;
preconceived intent
STUDENT VISA
APPLICATIONS
FROM THE
Department of State (DOS) regulations permit certain non-immigrants
to re-enter the United States after a 30-day or less visit to Canada or
Mexico without having to obtain a new visa prior to re-entry. This is
called automatic visa revalidation.
F and J non-immigrants also benefit from automatic revalidation when
re-entering from the adjacent islands, except Cuba. Individuals seeking
to benefit from this provision must retain their I-94 when leaving the
U.S. as it is essential for re-entry.
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4. CONSULATE (F-1
Visa)
In addition, all other travel documents relevant to the particular status
(passport, DS-2019 for J-1s, I-797 for H-1Bs etc.) must be carried and
properly endorsed, if an endorsement is required (on form DS-2019).
TO READ MORE, PLEASE CLICK HERE . . .
NEW PROPOSED LEGISLATION TWISTS THE FACTS
ON IMMIGRANTS AND TAXES.
Form I-20;
STEM, H-1B Visa
Petitions, When to
apply; SEVIS for F, M, J
visaholders;
Financial Support;
School Selections;
Size of School;
Bona fide accreditation of
schools;
plan of studies and future
goals;
214 (b) non-immigrant
intent; ties to your home
country; family
responsibilities / family
ties; Articulate your
answers
* * * * * * *
UPCOMING
IMMIGRATION
LAW EVENTS:
NJICLE - HOT
TOPICS IN
FAMILY
IMMIGRATION
LAW PRACTICE
Where:
NJ Law Center,
New Brunswick,
New Jersey
When:
Earlier this month when the Senate was deciding whether to extend
unemployment benefits, some Senators were looking for "offsets."
Unfortunately, a fallback for some members of Congress has become
targeting programs for immigrants, without regard to the true fiscal or
social impact.
One recurring target has been the Additional Child Tax Credit for
immigrant taxpayers. An amendment proposed by Senator Kelly Ayotte
(R-NH) proposed to "pay for a three-month extension of unemployment
benefits by stopping a scheme that currently allow {sic} illegal
immigrants to claim the Additional Child Tax Credit."
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
USCIS FORM N-648 FOR NATURALIZATION
CANDIDATES SEEKING MEDICAL DISABILITY
EXCEPTIONS.
Several years ago, the U.S. Citizenship and Immigration Services
(USCIS) announced the release of revised Form N-648, Medical
Certification for Disability Exceptions, for those seeking an exception
from the English and civics requirements for citizenship and
naturalization because of disabilities. Immigration law requires that
individuals applying for Naturalization/Citizenship must exhibit
proficiency of U.S. civics and the English language. Individuals, who
have disabilities or impairments, may seek exceptions from either or
both of these requirements. Applicants, who ask for such an exception,
must file Form N-648.
Form N-648 was revised following input from USCIS subject-matter
experts, customers, medical professionals, community-based
organizations and immigration lawyers. The intentions of these
revisions were to clarify the requirements and instructions as well as to
standardize the process for applicants, medical professionals and
USCIS officers. The Form allows medical professionals to provide
information that is necessary for USCIS so that immigration officials
can better understand the medical professional's diagnosis and how it
relates to the naturalization and citizenship requirements.
TO READ MORE, PLEASE CLICK HERE . . .
SOME IMMIGRATION LAW BASICS: THERE ARE
MANY BENEFITS TO BECOMING GREEN CARD
HOLDER IN THE U.S. AND THEN TO BECOME A U.S.
CITIZEN.
The "Green Card" is the permanent resident card that is issued to a
foreign national who has immigrated permanently to the United States.
As many foreign nationals think, immigrating to America and getting a
Green Card to remain permanently in the country is not an easy task.
The United States welcomes foreign nationals but at the same time it
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5. January 30th, 2014
Time: 9:00 AM to
12:30 PM
--------
BERGEN COUNTY
BAR
ASSOCIATION
CONTINUING
LEGAL
EDUCATION
SEMINAR:
IMMIGRATION
UPDATES
Where:
Bergen County Bar
Association, The
George W.
Newman Law
Buidling, 15 Bergen
Street,
Hackensack, NJ
07601
When:
Thursday, February
6th, 2014
Time: 12:00 PM to
2:00 PM
FOR MORE
DETAILED
INFORMATION,
PLEASE CLICK
HERE . . .
* * * * * * * *
focuses on lawful immigration. And so, it issues Green Cards to foreign
nationals as a proof of their legal immigration status in the United
States.
Various rights are granted to the people who become permanent
residents of the United States. Many rights that are similar to those
granted to US citizens are granted to the Green Card holders. Foreign
nationals who are liable to such rights will be protected by all the
American laws. As far as they do no not commit crimes that might
result in deportation, they may reside in any American state. Moreover,
they will be given the right to work for any US employer, except the
employers who hire only US citizens.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
THE DEPARTMENT OF STATE HAS JUST RELEASED
THE FEBRUARY 2014 VISA BULLETIN.
This is the fifth Visa Bulletin of the 2014 US Fiscal Year, which began
on October 1, 2013. The All Other Countries EB-3 date jumped yet
again. It has now moved almost two years in the last few Visa
Bulletins.
The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2
is worse than the Chinese EB-3, which means that Chinese EB-3s are
processing faster than Chinese EB-2s. Chinese nationals who are EB2 may be able to file an EB-3. Chinese EB-3s should check with their
attorneys to effectuate this change.
Unfortunately India EB-2 and India EB-3 remained stuck. India EB-2
and EB-3 have not moved in several months. The Philippine EB-3
advanced another 8 weeks. This is the second notable movement for
Philippine EB-3 in the last two Visa Bulletins.
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.
CONSULAR INFORMATION UNITS
Quick Links
SEARCH OUR SITE
THIS MONTH'S
VISA BULLETIN
THE VISASERVE
BLOG
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6. 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
The documents requested in the Instructions Package vary by
consulate, but generally, they include:
Form DS-2001 Notification of Applicant Readiness
Form DS-230 Application for Immigrant Visa and Alien Registration (or
an electronic DS-260 if you've filed online)
Note that you do NOT sign Part II of the form until you report for your
interview at the U.S. consulate
A copy of your birth certificate
Certified copies of any court or prison records
Marriage certificate
Records indicating the termination of any prior marriages that you've
entered into
A certified copy of your military record if you have served in any
country's armed forces
Police certificates
A copy of the identity page of your current, valid passport
Two (2) passport-sized photographs
Form I-212 ONLY if you've been previously removed from the U.S. and
must request permission to reapply for a visa
Note that a notarized translation is required for any document that is not
in English.
CONSULAR HOLDS AND ADMINISTRATIVE
PROCESSING - 221(g).
Refusal under Section 221(g) means that essential information is
missing from an application or that an application has been placed on
administrative hold. The consular officer who interviews you will tell
you at the end of your interview if action on your case is being
suspended under 221(g) pending further information. The officer will
either tell you that the case has to undergo administrative processing,
or will ask you to submit additional information.
If further information is required, the officer will tell you how to submit
that information. As part of this process, you will be given a written
letter and will have 12 months from the date of your application to
submit the requested documents without having to pay a new visa
application fee. After one year, an application refused under Section
221(g) is terminated per Section 203(e).
If the Embassy or Consulate requested additional information or
documentation from you, you must submit those documents.
The US Consulate officers encourage an extra copy of the RFE be
submitted to USCIS so that same gets into PIMS at the KCC. More
information about Consular Processing from the Nachman Phulwani
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7. -----------:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
Zimovcak Law Group, P.C. - Immigration and Nationality Law
UPCOMING NPZ LAW GROUP EVENTS IN INDIA PLEASE CONTACT US IF YOU OR A FRIEND OR
FAMILY MEMBER WOULD LIKE TO ATTEND ANY
OF THESE PROGRAMS:
Update on U.S. Immigration Law and Visas, Comprehensive
Immigration Reform and U.S. Legislative and Administrative
Updates.
When: Sunday, January 19th, 2014
Time: 10:00 AM to 12:00 PM
Where: Ahmedabad Management Association
Core-AMA Management House
Torrent-AMA Management Centre, ATIRA Campus,
Dr. Vikram Sarabhai Marg.
Ahmedabad, Gujarat, INDIA
----------------------------------------------------------------------------------------------------
Update on U.S. Immigration Law and Visas, Comprehensive
Immigration Reform and U.S. Legislative and Administrative
Updates.
When: Thursday, January 23rd, 2014
Time: 6:00 PM to 8:00 PM (Refreshments will be served)
Where: Lincoln Auditorium, Indo-American Society, Kitab Mahal, 5, D,
Sukhadwala Marg. Fort, Mumbai 400001
---------------------------------------------------------------------------------------------------Questions that Exporters have about U.S. Immigration Law and
Visas, U.S. Legislative and Administrative Updates, and
Establishing Affiliate Organizations in the U.S.
When: Wednesday, January 22nd, 2014
Time: 10:30 AM to 1:30 PM
Where: Federation of Indian Export Organisations (FIEO) (Set-up by
Ministry of Commerce, Gov't of India), Times Square, Unit No. 3A, B Wing, 4th Floor, Andheri - Kurla Road, Andheri (E), Mumbai - 400 059
Maharashtra India
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
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