There are quite a few new developments in the U.S. immigration and nationality arena. Also, the first month of the new year brings some new and interesting developments in the Canada immigration realm. On the U.S.immigration law side, it seems that our politicians are not happy with the teams going to the SUPERBOWL so they continue to make the immigration law a "political football". It was nice to see that some of the recent State Department announcements anticipate some significant visa number movement in some employment-based categories. Charles Oppenheim, the Chief of Visa
Control at the DOS, is providing some new and interesting projections. We invite our readers to check them out.
In other U.S. immigration and nationality news: (1) the USCIS Revises the I-129 Petition for a Nonimmigrant Worker; and (2) Several Administrative Agencies Launch Awareness Campaigns on Executive Actions for Mexicans and Central Americans; and (3) the DHS Extends TPS for Salvadorans; and (4) DHS Extends, Redesignates TPS for Syrians; and (5) the U.S. State Department Revised Reciprocity Schedules for Several Countries and announced that the National Visa Center is now handling domestic visa inquiries. The immigration and nationality lawyers and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to try to keep you, your HR staff, your colleagues and your friends on the cutting-edge with regard to burgeoning U.S. immigration law news. Please feel free to SHARE our electronic newsletter with anyone you feel may benefit for these updates.
One of our Managing Attorneys is in India visiting our Mumbai office and meeting with clients there. Another is in Israel. We continue to be hard at work continuing to prepare cases for H-1B employers seeking the professional and specialty occupation services of H-1B nonimmigrants. Those cases need to be filed on (or very close to) April 1st 2015. The H-1B season is a very exciting time for immigration lawyers. Many employers who have done H-1B visas in the past understand the need to prepare documents early and to be sure that they have registered with D&B. The VIBE system that USCIS uses pings D&B. At a Vermont Service Center (VSC) Stakeholder Meeting in November 2014, NPZ staff were told that a registration with D&B may help the H-1B employer avoid delays. While a bit cliche . . . "being forewarned is being forearmed".
On the Hill the immigration debate continues. ROLL CALL reports that: "GOP leadership laid out a strategy in which Republicans would have the opportunity to vote on a number of amendments aimed at defunding certain immigration activities: the president's executive action, his Deferred Action on Childhood Arrivals program and the so-called Morton Memos, which are formal measures from former Immigration and Customs Enforcement Director John Morton that relax enforcement of certain immigration laws". As we move into the month of February we can only hope that the GROUNDHOG will tell us not o
NPZ LAW GROUP'S MONTHLY U.S. & CANADIAN IMMIGRATION LAW UPDATES: h-1 b visa, dapa, obama relief, daca, visabulletin
1. http://archive.constantcontact.com/fs147/1011188341227/archive/1119938433987.html[2/3/2015 10:35:50 AM]
Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. - U.S. and Canadian Immigration and
Nationality Newsletter and Update.
In This Issue:
UPCOMING EVENTS
OF THE IMMIGRATION
LAWYERS AT THE NPZ
LAW GROUP.
H-1B MASTER'S CAP:
NOT EVERY
MASTER'S DEGREE
FROM A UNITED
STATES COLLEGE OR
UNIVERSITY
QUALIFIES A FOREIGN
NATIONAL. By: Michael
Phulwani, Esq., David H.
Nachman, Esq. and
Rabindra K. Singh, Esq.
H-1B SEASON IS UPON
US . . . WILL THIS
YEAR'S ECONOMY
BRING A LOTTERY?
PLANNING FOR THE
H-1B VISA SEASON
MAY BE THE KEY TO
BEING ABLE TO
CONTINUE YOUR
WORK AUTHORIZED
STATUS IN THE U.S.
IMMIGRATION
ACCOUNTABILITY
EXECUTIVE ACTION
WAS ANNOUNCED BY
PRESIDENT OBAMA.
ARE YOU OR
Dear Readers:
There are quite a few new developments in the U.S. immigration
and nationality arena. Also, the first month of the new year brings
some new and interesting developments in the Canada immigration
realm. On the U.S.immigration law side, it seems that our
politicians are not happy with the teams going to the SUPERBOWL
so they continue to make the immigration law a "political football".
It was nice to see that some of the recent State Department
announcements anticipate some significant visa number
movement in some employment-based categories. Charles
Oppenheim, the Chief of Visa
Control at the DOS, is providing some new and interesting
projections. We invite our readers to check them out.
In other U.S. immigration and nationality news: (1) the USCIS
Revises the I-129 Petition for a Nonimmigrant Worker; and (2)
Several Administrative Agencies Launch Awareness Campaigns on
Executive Actions for Mexicans and Central Americans; and (3) the
DHS Extends TPS for Salvadorans; and (4) DHS Extends,
Redesignates TPS for Syrians; and (5) the U.S. State Department
Revised Reciprocity Schedules for Several Countries
and announced that the National Visa Center is now handling
domestic visa inquiries. The immigration and nationality lawyers
and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law
Group continue to try to keep you, your HR staff, your colleagues
and your friends on the cutting-edge with regard to burgeoning U.S.
immigration law news. Please feel free to SHARE our electronic
newsletter with anyone you feel may benefit for these updates.
One of our Managing Attorneys is in India visiting our Mumbai
office and meeting with clients there. Another is in Israel. We
continue to be hard at work continuing to prepare cases for H-1B
2. http://archive.constantcontact.com/fs147/1011188341227/archive/1119938433987.html[2/3/2015 10:35:50 AM]
SOMEONE YOU KNOW
A BENEFICIARY?
USCIS WILL BEGIN
ACCEPTING
REQUESTS FOR
EXPANDED DACA ON
FEBRUARY 18th, 2015.
CHECK OUT NACHMAN
PHULWANI ZIMOVCAK
(NPZ) LAW GROUP'S
RECENT
POWERPOINT
PRESENTATION
ABOUT EXPANSION
OF PROVISIONAL
UNLAWFUL
PRESENCE WAIVER /
I-601A WAIVER /
STATESIDE WAIVER.
U.S. EMPLOYERS
NEED TO BE CAREFUL
ABOUT POTENTIAL I-9
FORM VIOLATIONS
AND PENALTIES.
U.S. DEPARTMENT OF
STATE REPORTS
THAT THE FEBRUARY
2015 VISA BULLETIN
IS OUT! CHECK TO
SEE IF YOUR
PRIORITY DATE IS
CURRENT.
PRESIDENT OBAMA'S
EXECUTIVE ACTIONS -
DACA, DAPA AND
PROVISIONAL WAIVER
EXPANSION.
ELIGIBILITY FOR DACA
AND DAPA WITH
CRIMINAL
CONVICTIONS AND
DEPORTATION
PROCEEDINGS |
MARRIAGE CASES.
HOW DO I GET AN H-
1B JOB? H-1B Season
filings on April 1st 2015 -
Am I Eligible To Get a
Professional H-1B
Position with a U.S.
Employer?
UPCOMING EVENT
employers seeking the professional and specialty occupation
services of H-1B nonimmigrants. Those cases need to be filed
on (or very close to) April 1st 2015. The H-1B season is a very
exciting time for immigration lawyers. Many employers who have
done H-1B visas in the past understand the need to prepare
documents early and to be sure that they have registered with D&B.
The VIBE system that USCIS uses pings D&B. At a Vermont
Service Center (VSC) Stakeholder Meeting in November
2014, NPZ staff were told that a registration with D&B may help
the H-1B employer avoid delays. While a bit cliche . . . "being
forewarned is being forearmed".
On the Hill the immigration debate continues. ROLL CALL reports
that: "GOP leadership laid out a strategy in which Republicans
would have the opportunity to vote on a number of amendments
aimed at defunding certain immigration activities: the president's
executive action, his Deferred Action on Childhood Arrivals
program and the so-called Morton Memos, which are formal
measures from former Immigration and Customs
Enforcement Director John Morton that relax enforcement of
certain immigration laws". As we move into the month of February
we can only hope that the GROUNDHOG will tell us not only how
many weeks we have left of Winter but also what the future holds
for DACA, DAPA and the extension of Provisional Waivers, etc.
For more information about any U.S. and/or Canadian immigration
and nationality law issues, please feel free to contact the
immigration and nationality lawyers at the Nachman Phulwani
Zimovcak (NPZ) Law Group by e-mailing us
at info@visaserve.com or by calling our offices at 201-670-
0006 (x107). We have offices in NY, NJ and Indiana and
affiliated offices in India and Canada. We look forward to being of
assistance.
H-1B MASTER'S CAP: NOT EVERY MASTER'S
DEGREE FROM A UNITED STATES COLLEGE OR
UNIVERSITY QUALIFIES A FOREIGN NATIONAL.
By: Michael Phulwani, Esq., David H. Nachman, Esq. and
Rabindra K. Singh, Esq.
Many F-1 visa holders, particularly those who are engaged in
Optional Practical Training (OPT), often change their
nonimmigrant 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 degree (or higher degree)
from a United States college or university [ii].
Immigration practitioners, F-1 students, and prospective H-1B
employers should note that not every master's degree from a
United States college or university qualifies a foreign national
for the additional 20,000 H-1B visas under the H-1B
3. http://archive.constantcontact.com/fs147/1011188341227/archive/1119938433987.html[2/3/2015 10:35:50 AM]
WHAT HR
MANAGERS NEED
TO KNOW TO
PROTECT
EMPLOYER'S
FROM I-9
VIOLATIONS
Where: 3/18/2015
Time:
5:30 PM to 8:00 PM
Where:
Holiday Inn
Hasbrouck Heights
283 Rt. 17 South
Hasbrouck Heights, NJ
07604
For detailed
information about
NPZ's immigration
law events, 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
"master's cap". For an individual to qualify under the master's
cap, a few criteria need to be met.
TO READ MORE, PLEASE CLICK HERE . . .
H-1B SEASON IS UPON US . . . WILL THIS YEAR'S
ECONOMY BRING A LOTTERY? PLANNING FOR
THE H-1B VISA SEASON MAY BE THE 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 also hear (and see) the U.S. business immigration
lawyers and attorneys manifesting their distaste for the April
1st deadline (filing date) for "cap" subject H-1B professional
and specialty occupation worker visas.
Well, here we go again . . .
As many HR Managers and Professionals are aware, April
1st, 2015 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
an Labor Condition Application ("LCA") and Petition to the
U.S. Citizenship and Immigration Services ("CIS") for H-1B
nonimmigrant visa petitions for employment in the fiscal 2015
- 2016 year ("FY 2015"). Our ongoing advice to our H-1B
employer clients continues to be that they need to think about
filing H-1B 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, 2015.
TO READ MORE, PLEASE CLICK HERE . . .
IMMIGRATION ACCOUNTABILITY EXECUTIVE
ACTION WAS ANNOUNCED BY PRESIDENT OBAMA.
ARE YOU OR SOMEONE YOU KNOW A
BENEFICIARY?
After years, President Obama has finally announced his plan
for Administrative Relief. It is not a "Presidential Order". It is
not an Immigration Bill (although it is hoped that it may lead
to one). The program will go under the name "Immigration
Accountability Executive Action". The program will help unite
families. This article summarizes a short description of some
of the highlights of the President's proposed plan that was
announced November 20th and 21st, 2014.
Various long awaited topics such as DACA expansion, DAPA
(Deferred action for Parental Accountability), New regulations
and policies regarding provisional waivers, Changes to Allow
for Speedy Immigration Processing, Additional
Methodologies For Providing Administrative Relief and To
4. http://archive.constantcontact.com/fs147/1011188341227/archive/1119938433987.html[2/3/2015 10:35:50 AM]
TIMES
SCHEDULE AN
INFOPASS
APPOINTMENT
CBP BORDER
WAIT TIMES
BORDER WAIT
TIMES
- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
OUR OFFICES:
NEW JERSEY
OFFICE:
VISASERVE Plaza
487 Goffle Road
Allow Flexibility for Business Immigration Visa Applications
and many more are covered under this action plan.
TO READ MORE ON "THE HIGHLIGHTS OF THE
PRESIDENT'S PROPOSED PLAN", PLEASE CLICK HERE
. . .
USCIS WILL BEGIN ACCEPTING REQUESTS FOR
EXPANDED DACA ON FEBRUARY 18, 2015.
On January 29th, 2015, USCIS announced that it will begin accepting
requests for expanded DACA on February 18th, 2015. That will be the
first day to request DACA under the revised guidelines established as
part of President Obama's recent announcements on immigration.
USCIS has advised the public to be extra careful to avoid immigration
scams.
For more information and assistance in connection with DACA filings,
please feel free to contact the Nachman Phulwani Zimovcak (NPZ)
Law Group, P.C. at 201-670-0006 (x107). The VISASERVE TEAM'S
U.S. immigration lawyers or attorneys can also be reached by e-mail
at info@visaserve.com or by calling us TOLL FREE at 1-866-599-
3625. In the meantime, please be sure to check out our website
at http://www.visaserve.biz for DACA, DAPA and other updates.
FOR DETAILED INFORMATION ON "DACA EXPANSION", PLEASE
CLICK HERE . . .
CHECK OUT NACHMAN PHULWANI ZIMOVCAK
(NPZ) LAW GROUP'S RECENT POWERPOINT
PRESENTATION ABOUT THE EXPANSION OF
PROVISIONAL UNLAWFUL PRESENCE WAIVERS / I-
601A WAIVERA / STATESIDE PROCESSING OF
WAIVERS.
In March, 2013, certain immigrant visa applicants who are spouses,
children and parents of U.S. citizens (immediate relatives) can apply
for provisional unlawful presence waivers before they leave the United
States. The provisional unlawful presence waiver process allows
individuals, who only need a waiver of inadmissibility for unlawful
presence, to apply for a waiver in the United States and before they
depart for their immigrant visa interviews at a U.S. embassy or
consulate abroad.
This process shortens the time U.S. citizens are separated from their
immediate relatives while those family members are obtaining
immigrant visas to become lawful permanent residents of the United
States. Last year this program ("Provisional waivers of unlawful
presence") was expanded to include the spouses and sons and
daughters of lawful permanent residents and the sons and daughters
of U.S. citizens.
Recently NPZ Group, P.C created an informative powerpoint
presentation for its readers that alludes to certain important points
associated with the expansion of Provisional Unlawful Presence
Waivers /I-601A waivers/ Stateside waivers.
PLEASE CLICK HERE TO VIEW THE PRESENTATION . . .
5. http://archive.constantcontact.com/fs147/1011188341227/archive/1119938433987.html[2/3/2015 10:35:50 AM]
Ridgewood, NJ 07450
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
INDIANA OFFICE:
Indianapolis City
Center
201 North Illinois Street
16th Floor, South
Tower
Indianapolis, IN 46204
Phone: 317-936-6600
INDIA AFFILIATED
OFFICES:
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
- - - - - - - -
54/2515 Ashtavinayak
CHS, Gandhinagar,
Bandra (E)
Mumbai 400 051,
India
U.S. EMPLOYERS NEED TO BE CAREFUL ABOUT
POTENTIAL I-9 FORM VIOLATIONS AND
PENALTIES.
The U.S. Department of Homeland Security (DHS), Immigration and
Customs Enforcement (ICE) continues to conduct audits of U.S.
employers and to levy penalties for paperwork as well as knowing hire
violations. It is important for employers to conduct internal audits to
avoid potential violations. The NPZ Law Group staff continues to assist
employers to organize and conduct internal I-9 Form audits.
For any I-9 and E-verify related queries or assistance, please feel free
to contact the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.
at 201-670-0006 (x107). The VISASERVE TEAM'S U.S. immigration
lawyers or attorneys can also be reached by e-mail
at info@visaserve.com or by calling us TOLL FREE at 1-866-599-
3625. In the meantime, please be sure to check out our website
at http://www.visaserve.com for updates.
PLEASE CLICK HERE TO READ THE FULL STORY . . .
U.S. DEPARTMENT OF STATE REPORTS THAT THE
FEBRUARY 2015 VISA BULLETIN IS OUT! CHECK TO
SEE IF YOUR PRIORITY DATE IS CURRENT.
The U.S. Department of State (DOS) released the February 2015 Visa
Bulletin. The biggest news is the continued progression of the
Philippines EB-3, the Worldwide-All Other EB-3 date and the Mexican
EB-3 date. These are all now at January 2014. India EB-2 saw a jump
in dates as well. We are pleased to see that it advanced seven months
and is now at September 2005. Unfortunately, India EB-3 continued to
move slowly and has only advanced to December 2003.
The Chinese EB-2 and EB-3 numbers continued to move
inconsistently. China EB-3 remains ahead of China EB-2 which has
been the case for much of the last two years. The Visa Bulletin
contained projections which, although interesting, are only
"predictions". However, it continues to be our hope that the recent
announcement by President Obama about proposed modifications to
the Visa Delivery Process will prompt additional advancements and
transparency in the visa issuance process.
We encourage our readers to view our YOUTUBE videos in which we
provide a complete analysis of the February Priority Dates and in
which NPZ Law Group's Managing Attorneys, Michael Phulwani, Esq.
and David Nachman, Esq., clearly describe some of the potential
reasons for the advancements in the priority dates in the Visa Bulletin
this month and what the predictions hold for the coming months and
why those predictions may or may not be accurate.
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.
6. http://archive.constantcontact.com/fs147/1011188341227/archive/1119938433987.html[2/3/2015 10:35:50 AM]
PRESIDENT OBAMA'S EXECUTIVE ACTIONS - DACA,
DAPA AND PROVISIONAL WAIVER EXPANSION.
- Will DACA and DAPA last with Republican rule
- Current court cases challenging Executive Action
- Politics with Immigration between Republicans and Democrats
- Possible bills being presented about potential immigration reform
ELIGIBILITY FOR DACA AND DAPA WITH
CRIMINAL CONVICTIONS AND FOR CLIENTS WITH
REMOVAL/DEPORTATION PROCEEDINGS - MORE
INFORMATION ABOUT MARRIAGE CASES.
Eligibility for DACA and DAPA with criminal convictions and
removal/deportation proceedings. Removal Order impact.
- DUI's affecting DACA eligibility. Does the client have a DWI?
- FAQ's for DACA cover eligibility for removal orders and criminal
convictions. No guidelines under DAPA yet
Recognition of marriages for immigration purposes
- Bona fides of marriage for case filings.
- Legally done according to the law of the land.
- Proofs reflecting bona fides of the marriage.
- Applications that require bona fides of documents
- Conditional residence and filing I-751.
7. http://archive.constantcontact.com/fs147/1011188341227/archive/1119938433987.html[2/3/2015 10:35:50 AM]
HOW DO I GET AN H-1B JOB? H-1B Season - Am I
Eligible To Get a Professional Position for
H-1B Sponsorship in the U.S.?
Because we have received so many inquiries about whether
NPZ Law Group helps to find H-1B jobs for our clients, and
because we, as an Immigration Law Firm, do NOT (as a
matter of course) find jobs for individuals . . . we have
decided to join with our partners (here in the U.S. and in
Canada) to create/refer a JOB BOARD.
The JOB Board - USA FIND JOB - is a JOB BOARD that
allows potential candidates can post their resumes for review
by Companies/Individuals that may be interested in
sponsoring them for U.S. and Canada work visas. Please feel
free to disseminate the following information . . .
Please feel free to have your "candidate" post his/her resume
for consideration on this Job Board. Many Companies in the
U.S. and in Canada will review the resumes posted and WILL
potentially be willing to SPONSOR.
The following is a link to the website:
http://www.usafindjob.com
Posting a resume or C.V. on the USAFINDJOB site is a great
way for any foreign national candidate to get exposure to
employers who want/need particular skill-sets that ARE
WILLING to SPONSOR foreign nationals for work visas in the
U.S.