U.S. IMMIGRATION NEWS AND UPDATES: H-1B Season 2017, H-1B petition under Simeio Solutions, E-Verify Updated, Visa Waiver, Visa Bulletin for January 2016

1. Hi, just a reminder that you're receiving this email because you have expressed an interest in Nachman Phulwani Zimovcak
(NPZ) Law Group, P.C. (f/k/a, Nachman & Associates, P.C.) - Don't forget to add info@visaserve.com and
david_nachman@visaserve.com to your address book so we can be sure to land in your inbox!
You may unsubscribe if you no longer wish to receive our emails.
Nachman Phulwani Zimovcak (NPZ) Law
Group, P.C. - U.S. and Canadian Immigration
and Nationality Newsletter and Update.
In This Issue:
GETTING READY FOR H-
1B SEASON-WE SURE
ARE! TIS THE SEASON
TO BE JOLLY AND TIS
ALMOST 2017 H-1B
SEASON.
FROM "MUST" TO "MAY"
ON RETROACTIVITY
ASPECT: USCIS ISSUES
FINAL GUIDANCE ON
WHEN TO SUBMIT H-1B
AMENDED PETITION.
IRCA AND EMPLOYMENT
VERIFICATION LAW
UPDATE: HUMAN
RESOURCES
MANAGERS AND
PROFESSIONALS NEED
Dear Readers:
First and foremost, the immigration and nationality staff at the
NPZ Law Group want to wish all of our readers (and their
friends and families) all of the very best for a safe and happy
and healthy holiday season. Holiday time is a great
opportunity to connect with friends and family and to remind
ourselves how lucky that we are to be able to enjoy time with
loved ones and an opportunity to openly express our thoughts
and feelings and concerns about day-to-day events in the
world. We are reminded about how lucky we are to be able to
enjoy the freedom of choice and freedom of expression. The
holidays are an important time to recall that there are many
people around the world that do NOT also enjoy these
freedoms. Such thoughts continue to remind us how arcane
are the words of "The Donald" who seeks to "Ban all
Muslims" from entering the U.S. We continue to remind our
readers that "immigrants" are NOT terrorists. Terrorists are

2. TO KNOW ABOUT NEW
PROPOSED CHANGES
TO THE I-9 FORM.
IN THE WAKE OF THE
PARIS AND THE
CALIFORNIA
SHOOTINGS - THE VISA
WAIVER PROGRAM MAY
BE IN FOR SOME
ENHANCEMENTS.
THE U.S. DEPARTMENTS
OF JUSTICE AND
HOMELAND SECURITY
RECENTLY ANNOUNCE
JOINT GUIDANCE TO
EMPLOYERS ABOUT I-9
SELF-AUDITS.
USCIS RECENTLY
ISSUES AN IMPORTANT
GUIDANCE
MEMORANDUM:
APPROVAL OF A
SPOUSAL IMMEDIATE
RELATIVE.
THE JANUARY 2016 VISA
BULLETIN: DOS
REPORTS JANUARY
2016 VISA NUMBERS - IS
YOUR PRIORITY DATE
CURRENT? IF SO,
PLEASE LET US KNOW.
GREEN CARD LOTTERY
PROGRAM 2017 (DV-
LOTTERY 2017).
BEST WISHES FOR A
MERRY CHRISTMAS & A
PROSPEROUS NEW
YEAR!
*******
UPCOMING NPZ
SPEAKING
EVENT:
U.S.
terrorists.
Our staff continues to be actively involved to assist clients
with 221(g) administrative holds of cases at consulates
worldwide. The tragic events in California several weeks ago
seems to have set new protocols in motion for case
processing and a higher level of security checks. Additionally,
we are actively involved in DOL investigations of H-1B use by
employers throughout the U.S. These investigations range
from simple H-B site visits to more complicated Wage & Hour
Investigations about the wages paid to H-1B employees. We
continue to remind our clients and our readers that the H-1B
requires strict compliance as well as the preparation and
retention of Public Access Files.
The NPZ Law Group (VISASERVE) continues to seek to
provide clients with the very highest level of responsiveness
and service in the Business and Family-based immigration
law arena in the U.S. and Canada. For an initial consultation
with any of our immigration and nationality lawyers, please
feel free to contact us at info@visaserve.com or by calling us
at 201-670-0006 (x107). We continue to serve our clients
from offices in NJ, NY, IN and MA. We also have "on the
ground" counsel in India and in Canada to better assist our
clients. We look forward to being able to be of assistance to
you. Happy Holidays!
GETTING READY FOR H-1B SEASON-WE SURE
ARE!
TIS THE SEASON TO BE JOLLY AND TIS ALMOST
2017 H-1B SEASON.
As a reminder to all U.S. employers, H-1B season is almost
here! United States Citizenship & Immigration Services
("USCIS") will start accepting new H-1B petitions for fiscal
year 2017 on Friday, April 1st, 2016. As such, employers
should start immediately identifying current and future
employees who will require sponsorship for new H-1B
petitions. By way of background, the USCIS issues H-1B
visas to foreign workers serving in "specialty occupations at a
professional level."
A specialty occupation requires a theoretical and practical
application of a body of highly-specialized knowledge, to be
performed by a worker with at least the equivalent of

3. IMMIGRATION
WORK VISAS - A
PRIMER FOR
THE HUMAN
RESOURCES
PROFESSIONAL:
HOW TO
SELECT
APPROPRIATE
WORK VISAS (H-
1B, L-1, O-1, E-1
OR TN)? HOW
TO APPLY FOR
A WORK VISA?
WHO GETS A
SOCIAL
SECURITY CARD
AND HOW? HOW
DOES THE
WORK VISA
SQUARE WITH
THE I-9 FORM
AND E-VERIFY?
When: February 9th,
2016
Time: 5:30 PM to 7:30
PM
Where:
Rutgers Dinning Club
on College Avenue,
New Brunswick, NJ
FOR MORE
DETAILED
bachelor's degree in the field. Both the position to be filled and
the foreign worker's qualifications must meet the criteria for a
specialty occupation.
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
H-1B REMINDER AND UPDATE: FROM "MUST" TO
"MAY" ON RETROACTIVITY: USCIS ISSUES FINAL
GUIDANCE ON WHEN TO SUBMIT AN AMENDED H-
1B PETITION UNDER SIMEIO SOLUTIONS.
As discussed in our recently co-authored article, H-1B
AMENDMENTS POST-SIMEIO SOLUTIONS: WHY CIS
SHOULD CONSIDER TAKING OFF THE RETROACTIVITY
ASPECT FROM THE "DRAFT" GUIDANCE, United States
Citizenship and Immigration Services (USCIS) in its revised
Final Guidance, that came out on July 21st, 2015, suggests
that the Simeio Solutions decision [1] will not be applied
retroactively, which is a significant departure from the USCIS'
Draft Guidance.
As discussed in our above-mentioned article, in Simeio
Solutions, the AAO specifically stated that when H-1B
employees change their place of employment to a worksite
location that requires employers to certify a new Labor
Condition Application (LCA) for nonimmigrant workers to the
Department of Homeland Security, this change may affect
the employee's eligibility for H-1B status; it is therefore a
material change for purposes.
TO READ MORE, PLEASE CLICK HERE . . .
IRCA AND EMPLOYMENT VERIFICATION LAW
UPDATE: HUMAN RESOURCES MANAGERS AND
PROFESSIONALS NEED TO KNOW ABOUT THE
RECENTLY PROPOSED CHANGES TO THE I-9
FORM.
On November 24th the USCIS announced, in the FEDERAL
REGISTER, proposed changes to the Employment Eligibility
Verification Form I-9.
Many of the proposed changes to Employment Eligibility
Verification Form I-9 are intended to help reduce "technical
errors" and to help customers complete the Form on their

4. 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
computer after they have downloaded it from the USCIS
website at http://www.uscis.gov/. Here are some of the ways
that the I-9 Form will be changing:
1. The Form will have a system in place that checks certain
fields to ensure information is entered correctly; and
2. The Form provides additional space to enter multiple
preparers and translators; and
3. The Form will include a drop-down lists and calendar; and
4. The Form will provide instructions on the screen that users
can access to complete each field;
TO READ MORE, PLEASE CLICK HERE . . .
IN THE WAKE OF THE PARIS AND THE
CALIFORNIA SHOOTINGS - THE VISA WAIVER
PROGRAM MAY BE IN FOR SOME
ENHANCEMENTS.
On November 30th, 2015, The White House released a Fact
Sheet about Visa Waiver Program Enhancements. The Visa
Waiver Program (VWP) permits visa free travel for 20 million
visitors per year to the United States for citizens of 38
program partner countries around the world. The VWP utilizes
a layered system of security to detect and prevent terrorists,
serious criminals, and other potentially dangerous individuals
from traveling to the United States. These layers of security
include comprehensive screening of VWP travelers prior to
departure for the United States, at various points throughout
the traveler's journey, and upon arrival at U.S. ports of entry.
Over the past year, the Administration has taken a series of
steps to enhance the significant security measures in the
VWP. In the wake of the attacks in Paris, the administration is
announcing additional actions today that will further enhance
and accelerate these changes. Additionally, the
Administration is working closely with Congress to provide
statutory authority for many of these security enhancements,
which will further improve our ability to implement and enforce
the changes. Many new changes include that the: "DHS will
immediately take steps to modify its Electronic System for
Travel Authorization (ESTA) applications to capture

5. - - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
OUR OFFICES:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006
(x107)
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
information from VWP travelers regarding any past travel to
countries constituting a terrorist safe haven. The Director of
National Intelligence, in coordination with the Secretary of
Homeland Security, will identify and regularly review these
countries so that traveler risk assessments can be made on
the most up-to-date information."
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
THE U.S. DEPARTMENTS OF JUSTICE AND
HOMELAND SECURITY RECENTLY ANNOUNCE
JOINT GUIDANCE TO EMPLOYERS ABOUT THE
PROPER WAY TO CONDUCT INTERNAL I-9 AUDITS.
On December 14th, 2015, The Department of Justice's Civil
Rights Division and the Department of Homeland Security's
U.S. Immigration and Customs Enforcement (ICE)
announced the issuance of Joint Guidance for Employers
Conducting Internal Employment Eligibility Verification, Form
I-9 Audits.
Under the Immigration and Nationality Act (INA), employers
are required to verify the work-authorization of their
employees using the Form I-9 and are prohibited from
knowingly hiring unauthorized workers. Employers seeking to
ensure their Form I-9 practices comply with federal law are
increasingly conducting internal audits of their Forms I-9. To
ensure that these audits are conducted properly and do not
discriminate against employees, ICE and OSC have
collaborated to issue formal guidance on the topic.
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
USCIS RECENTLY ISSUES AN IMPORTANT
GUIDANCE MEMORANDUM: APPROVAL OF A
SPOUSAL IMMEDIATE RELATIVE VISA PETITION
UNDER INA SEC. 204(I) AFTER THE DEATH OF A
U.S. CITIZEN PETITIONER.
On November 18th, 2015, USCIS issued a Policy
Memorandum (PM) revising the chapter 10.21(a), (b), (c)(2)
and the last paragraph of (c)(5) of the Adjudicator's Field
Manual (AFM) to implement the decision in Williams v. DHS
Secretary, 741 F.3d 1228 (11th Cir. 2014) for all spousal
immediate relative visa petitions under section 204(l) of the

6. Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
BOSTON AREA
OFFICE:
300 Brickstone Square
Suite 201
Andover, Massachusetts
01810
ATT: Call Rabindra
Singh, Esq. at 125
INDIA AFFILIATED
OFFICE:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
ATT: Call Kaival at x130
(This office provides on
the ground services to
our Indian clients such as
India Divorce, India Real
Estate Purchase and
Sale, Business Sale
Purchase, Adoption,
Litigation and High Court
Complaints.
Immigration and Nationality Act (INA) after the death of a U.S.
citizen petitioner, including petitions filed outside the
jurisdiction of the U.S. Court of Appeals for the Eleventh
Circuit (11th Circuit Court). This PM partially supersedes PM-
602-0017, Approval of Petitions and Applications after the
Death of the Qualifying Relative under New Section 204(l) of
the Immigration and Nationality Act."
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
THE JANUARY 2016 VISA BULLETIN: DOS
REPORTS JANUARY 2016 VISA NUMBERS - IS
YOUR PRIORITY DATE CURRENT? IF SO, PLEASE
LET US KNOW.
EB-2 India: In January, the final action dates for EB-2 India
will advance eight months to February 1st, 2008. In large part,
this reflects a continuing correction following a roll-back of the
date at the end of fiscal year 2015. The DOS indicated that a
monthly advancement of eight months in this category
continues to be the best case scenario, but that the actual
advancement may be around four to six months at a time.
The DOS expects that recent movements will spur EB-3
upgrades which, if realized, would eventually impact demand
and slow the advancement of the EB-2 India category,
perhaps in early to mid-2016.
EB-3 Worldwide: In January, the final action date for EB-3
worldwide will advance by one month to October 15th, 2015.
Given the advancement of this category in the past fiscal
year, DOS anticipated more demand in this category than
has been reported by USCIS. In order to avoid future
retrogression of this category if significant demand
materializes, DOS does not anticipate advancing this date too
rapidly in the coming months.
Religious Workers and EB-5: On December 11th, 2015, a
short-term continuing resolution was passed and signed by
the President, extending the religious worker and EB-5
Regional Center programs for 5 days, until December 16th,
2015. On December 16th, 2015, another continuing resolution
was signed, keeping the government open and the EB-5 and
religious worker programs running until December 22nd.
Assuming the 2016 Omnibus Spending Bill is passed and
signed prior to December 22nd, 2015 the EB-5 and religious

7. - - - - - - - - - - -
OF COUNSEL:
Law Office of Michael
Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
ATT: Ask for Sangeeta
worker programs will be extended through the end of fiscal
year 2016 (through September 30th, 2016) and will have run
without interruption. At this time, appointments for these
categories are continuing to be scheduled.
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
GREEN CARD LOTTERY PROGRAM 2017 (DV-
LOTTERY 2017)
Green Card Lottery Program 2017
* People who are citizens from India but who were born in Nepal or
even Pakistan
* This goes with the country of birth not the country that you are a
citizen in
* If a person is born in that country that is eligible than it will apply
you
* It is analogous to the issues of cross-chargeability that we discuss
on a weekly basis when we talk about how to jump that priority date
in the Visa Bulletin
* So understand that's the way it works if your spouse is born in a
country which is listed as one of those countries that can apply, you
too can apply
Countries where you're not eligible
* India, Pakistan, Bangladesh, Jamaica, Philippines, UK, etc..
What are the requirements who can apply?
* at least a high school which is equal to the USA high school, at

8. least 2 years' experience in the last 5 years in skilled work.
* Your wife and children can be included in that but you have to
move very fast and easy because unlike other categories case will
be followed year by year
* All the people must also obtain the visa in that one year period
* You have to have actually received the green card before
September 30th, If you don't then you lost the opportunity to win the
lottery
What is the way to get around and be able to get the adjustment of
status?
* TPS Nepal for example or Dhaka that person in the permission to
travel goes out of the country and re-enters the US legally and they
win the lottery can they adjust.
* The use of a Arrabally-Yerrabelly in the diversity lottery adjustment
contacts, so the answer is yes should be allowed. It is somewhat
little tricky because sometimes you travel abroad and you will get
stuck.
* The provisional unlawful presence waiver process allows immediate
relatives who only need a waiver of inadmissibility for unlawful
presence to apply for that waiver in the United States before they
depart for their immigrant visa interview.
* Know before you go so whether or not you will know if you can
come back in.
* New rule on hardship that just came out a couple of weeks ago
BEST WISHES FOR A MERRY CHRISTMAS & A
PROSPEROUS NEW YEAR!