In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.
We are rapidly approaching the midterm elections and awaiting President Obama's next move on Administrative Actions about the U.S. immigration law. As DACA renewals continue to roll-out, we are still hoping that the President will grant "Deferred Action for All" - another type of DACA? In the meanwhile, the U.S. Supreme Court is scheduled to hear two cases with significant implications for U.S. immigration law.
It seems to be déjà vu all over again! Last week, the U.S.
government launched a major investigation into the hiring
practices of two of India's largest outsourcing companies over alleged violations of visa regulations. The U.S. Department of Labor (DOL) is investigating Tata Consultancy Services and Infosys for violating H-1B nonimmigrant visa regulations. The issue relates to contracts the two companies were granted by the California firm named Southern California Edison (SCE). The New York Times reported that hundreds of workers at SCE were laid-off and replaced by workers on H-1B visas, predominantly from India. Earlier, the N.Y. Times alleged similar lay-offs that occurred at the Walt Disney Company.
H4 EAD –
DHS is extending eligibility for employment authorization to certain H–4 dependent spouses of H–1B non-immigrants who are seeking employment-based lawful permanent resident (‘‘LPR’’) status.
USCIS will start accepting H4 EAD applications on MAY 26th 2015.
We are rapidly approaching the midterm elections and awaiting President Obama's next move on Administrative Actions about the U.S. immigration law. As DACA renewals continue to roll-out, we are still hoping that the President will grant "Deferred Action for All" - another type of DACA? In the meanwhile, the U.S. Supreme Court is scheduled to hear two cases with significant implications for U.S. immigration law.
It seems to be déjà vu all over again! Last week, the U.S.
government launched a major investigation into the hiring
practices of two of India's largest outsourcing companies over alleged violations of visa regulations. The U.S. Department of Labor (DOL) is investigating Tata Consultancy Services and Infosys for violating H-1B nonimmigrant visa regulations. The issue relates to contracts the two companies were granted by the California firm named Southern California Edison (SCE). The New York Times reported that hundreds of workers at SCE were laid-off and replaced by workers on H-1B visas, predominantly from India. Earlier, the N.Y. Times alleged similar lay-offs that occurred at the Walt Disney Company.
H4 EAD –
DHS is extending eligibility for employment authorization to certain H–4 dependent spouses of H–1B non-immigrants who are seeking employment-based lawful permanent resident (‘‘LPR’’) status.
USCIS will start accepting H4 EAD applications on MAY 26th 2015.
The system is going haywire! This should be no surprise. The Trump Administration is turning US immigration and nationality law topsy-turvey. But who would have thought that North and South Korean leaders would be sitting at the same table and chatting about mutual synergies. Perhaps there is some reason to all of Trump's madness!?!?
As we continue to receive receipts for H-1B filings on April 2nd, we remind H-1B hopefuls to be mindful of considering their fallback plan and H-1B options.
The "roller-coaster ride" that we now call the "US immigration law" was recently marked by the following events... (1) An estimated 8,950 Nepalese nationals currently receiving Temporary Protected Status (TPS) will now lose this protection; and (2) the US Supreme Court this held arguments on President Trump's travel ban and it seems to be erring on the side of the President's power to implement a Travel Ban in the name of "National Security; and (3) Only a short time after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program, the Attorney General testified that DOJ will reverse and continue the program; and (4) More deportation cases are being filed in immigration court that involve longer-term residents of the United States rather than recent arrivals.
We remind our readers that we are US and Canadian Immigration lawyers. If we can be of any assistance to you, your family, your friends or your colleagues, please feel free to contact us by e-mail at info@visaserve.com or by phone at 201-670-0006 (x107).
Executive action of november 20 2014 (English) As of 12 04-2014vacolao
President Obama announced on November 20th several changes to US immigration policy including to expand the Deferred Action program for Childhood Arrivals (DACA) as well as provide relief to parents of US citizen and lawful permanent resident children (DAPA). On December 4th, the Legal Aid Justice Center provided an information session on the new polices that included details on eligibility requirements, how and when to apply, and other related issues such as eligibility for work permits, authorization to travel outside the United States, and eligibility for Virginia drivers licenses.
This material was put together by Legal Aid Justice Center. This presentation is intended to provide general legal information and is not a substitute for legal advice. Each case is different, and you should consult a qualified immigration attorney if you have questions about your own case. Notarios publicos are not attorneys and are not qualified to give you legal advice.
This information is accurate as of December 4, 2014.
Deferred Action For Childhood Arrivals Presentationholaedgar
This is a presentation created by Legal Aid Justice Center, VACOLAO and other organizations to provide information regarding the new program that would benefit almost two million of DREAMers.
Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
n the middle of July, leaders from communities across the U.S. gathered at the White House in Washington D.C. for a National Convening on Immigrant and Refugee Integration. Attendees included practitioners, policymakers, elected officials, researchers, business representatives, and faith leaders. The participants discussed successful initiatives, as well as challenges and opportunities for immigrant integration.
The system is going haywire! This should be no surprise. The Trump Administration is turning US immigration and nationality law topsy-turvey. But who would have thought that North and South Korean leaders would be sitting at the same table and chatting about mutual synergies. Perhaps there is some reason to all of Trump's madness!?!?
As we continue to receive receipts for H-1B filings on April 2nd, we remind H-1B hopefuls to be mindful of considering their fallback plan and H-1B options.
The "roller-coaster ride" that we now call the "US immigration law" was recently marked by the following events... (1) An estimated 8,950 Nepalese nationals currently receiving Temporary Protected Status (TPS) will now lose this protection; and (2) the US Supreme Court this held arguments on President Trump's travel ban and it seems to be erring on the side of the President's power to implement a Travel Ban in the name of "National Security; and (3) Only a short time after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program, the Attorney General testified that DOJ will reverse and continue the program; and (4) More deportation cases are being filed in immigration court that involve longer-term residents of the United States rather than recent arrivals.
We remind our readers that we are US and Canadian Immigration lawyers. If we can be of any assistance to you, your family, your friends or your colleagues, please feel free to contact us by e-mail at info@visaserve.com or by phone at 201-670-0006 (x107).
Executive action of november 20 2014 (English) As of 12 04-2014vacolao
President Obama announced on November 20th several changes to US immigration policy including to expand the Deferred Action program for Childhood Arrivals (DACA) as well as provide relief to parents of US citizen and lawful permanent resident children (DAPA). On December 4th, the Legal Aid Justice Center provided an information session on the new polices that included details on eligibility requirements, how and when to apply, and other related issues such as eligibility for work permits, authorization to travel outside the United States, and eligibility for Virginia drivers licenses.
This material was put together by Legal Aid Justice Center. This presentation is intended to provide general legal information and is not a substitute for legal advice. Each case is different, and you should consult a qualified immigration attorney if you have questions about your own case. Notarios publicos are not attorneys and are not qualified to give you legal advice.
This information is accurate as of December 4, 2014.
Deferred Action For Childhood Arrivals Presentationholaedgar
This is a presentation created by Legal Aid Justice Center, VACOLAO and other organizations to provide information regarding the new program that would benefit almost two million of DREAMers.
Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
n the middle of July, leaders from communities across the U.S. gathered at the White House in Washington D.C. for a National Convening on Immigrant and Refugee Integration. Attendees included practitioners, policymakers, elected officials, researchers, business representatives, and faith leaders. The participants discussed successful initiatives, as well as challenges and opportunities for immigrant integration.
The White House announced a proposed rule to encourage entrepreneurs throughout the world to develop their ideas and create jobs in the U.S. This long-awaited initiative is part of the executive actions announced in November 2014.
his past week H-4 visa holders submitted requests for work authorization on Form I-765. Of course, this did not come without some pain. The recent announcement about a premium processing hold for H-1B extensions caused a bit of a stir. Of course, it is likely to be "old news" by now, but the 5th Circuit did NOT grant the government's request to stay the injunction order previously entered by the Court. This means that while the DAPA and the New DACA programs continue to be delayed, they are not completely off-line. We hope that the DAPA and New DACA-program hopefuls will stay tuned for additional developments in the coming months. Oral argument on the merits of the case is scheduled for July 10th.
U.S. IMMIGRATION LAW NEWS AND UPDATES: GREEN CARD AND VISA UPDATES, NEW I-9 FORM UPDATE, SYRIAN STUDENTS WORK PERMIT UPDATE, VISA BULLETIN UPDATE FOR OCTOBER 2016, ETC.
United States Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), has revised the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
The U.S. Department of State (DOS) announced guidelines for the new Diversity Visa Lottery. In fact, today is the first day that you can apply! The DV Lottery Program is not for everyone but it is another possible way to a green card in the U.S. The beauty of the program is that it is relatively easy and inexpensive. The program has its genesis in a policy that lies at the very heart of the U.S. immigration law . . . "diversity".
U.S. IMMIGRATION LAW NEWS AND UPDATES: THE H-1B AND L-1 FEE INCREASE, H-2 CAP REACHED, FILING A FRIVOLOUS ASYLUM APPLICATION, GREEN CARD PRIORITY DATES, ETC. http://conta.cc/1Wsc8cg
As many continue to experience the ripple effects of "Trump travel" we continue to remind prospective international travelers to be sure that they understand the vague nuances associated with the nonimmigrant or immigrant classifications they may be seeking when entering the U.S.
The midterm elections are next week and we are all waiting to see whether President Obama will "make good" on his campaign (and later) promises about U.S. immigration reform. Like most political issues, immigration reform has now become confounded (mixed-up) with a variety of others such as healthcare reform, the Ebola crisis and the ongoing battles with ISIS/ISIL. It continues to be our hope that the President is able to roll-out his "administrative" fixes if Congress remains stalled following the midterm elections.
U.S. IMMIGRATION LAW NEWS AND UPDATES: H-1B CAP RANDOM LOTTERY, REDESIGNED GREEN CARD, TPS UDPATES, OPT/STEM EXTENSION, VOICE OFFICE, DACA RENEWAL, CANADA IMMIGRATION UPDATES.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES US Immigration and Family Separation, DENIALS OF RFEs and NOIDS - NEW SEPTEMBER 11TH RULE, LIFTING CONDITIONS ON RESIDENCE - I-751, DHS Enforcement Priorities, End of Credible Fear Interviews etc. httpsconta.cc2NWfxPo
I was out to dinner with some old friends recently and we started speaking about the upcoming Presidential Election. Since they did not live in the U.S., they had been relying on what they were hearing in the foreign media. Of course, they asked me what I thought of the prospective candidates' positions on U.S. immigration law. After pointing out that "politics makes strange bedfellows" (which is an interesting direct translation into many languages), I proceeded to explain a bit about the recent history of U.S. immigration law . . .
"Secretary of Homeland Security Jeh Johnson today announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted to the Federal Register an updated form to allow individuals previously enrolled in DACA, to renew their deferral for a period of two years. At the direction of the Secretary, effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept requests for DACA from individuals who have not previously sought to access the program. As of April 2014, more than 560,000 individuals have received DACA.
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1,
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and 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.
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
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.
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 the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions.
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes.
Government attorneys across the country are submitting requests to re-calendar previously administratively closed immigration cases. What does this mean for the immigration court system, and what does this mean for you?
First of all, what is administrative closure? Immigration Judges for decades have administratively closed, or indefinitely postponed cases in Immigration Court. Another form of administrative closure is also called
Let one of America’s premier Immigration and Naturalization Law Firms guide you through the EB-5 Investor VISA process. NPZ Law Group continues to maintain a solid reputation for being able to tackle difficult cases and has a very successful track record in the US for dealing with the EB-5 process. We continue to service EB-5 clients from start to finish.
Many H-1B visa holders could you find themselves facing deportation proceedings if their application for a visa extension or change of status have been rejected...
The Trump administration has empowered officials to outright reject visa applications under certain circumstances. This step
can be taken if the required ‘initial evidence’ wasn’t submitted or it failed to establish eligibility for the visa sought. The revised
policy will apply to all applications and requests received by the authorities from September 11 onwards.
What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?
You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?
Employment-Based Preference Categories
EB-1 China and EB-1 India remain steady at January 1, 2012, and DOS anticipates this date will hold for the remainder of the fiscal year. It is hoped that these categories will become current again on October 1, 2018, but demand trends will be monitored over the summer. If USCIS District Offices are not interviewing EB-1 China and EB-1 India applicants with priority dates beyond the established final action date, DOS may not have clear visibility into total demand. If there is a surge in demand for these categories beginning in October, it could cause a final action date to be imposed more quickly in the fiscal year than otherwise anticipated.
DOS expects that a final action date for EB-1 Worldwide will be imposed either in August or September, but notes that the category will return to current in October.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
U.S. & CANADIAN IMMIGRATION LAW UPDATE: CSPA, Renewal of DACA, CIR, NAFTA, TN Applications at the POE.
1. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM]
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
AND ITV: VLOG &
USCIS NEWS
UPDATES ON THE
WEB.
"DEFINING
PARTNERSHIP OF
21ST CENTURY": E
VISA POSSIBILITY
FOR INDIAN
CITIZENS?
SOME H-4 VISA
HOLDERS MAY BE
ABLE TO WORK SOON
AND SOME OTHER
U.S....IMMIGRATION
REGULATORY AND
REFORM UPDATES.
THE LONG AWAITED
DACA RENEWAL
PROCESS IS
RELEASED BY THE
USCIS - SEE THE NEW
FORM.
PASSPORT CONTROL
Dear Readers:
In Scialabba v. Cuellar de Osorio, a heavily-divided U.S.
Supreme Court ruled against thousands of aspiring young
immigrants who were included on their parents' visa petitions
as minors, but who turned 21-known as "aging-out" before
visas became available. Aging-out is tantamount to someone
losing his place in the visa line with his parents. In the case,
the majority ruled despite having waited his turn in line, the
mere fact that the child aged-out means that his time was lost
and the case could not be converted into a more appropriate
visa category.
Under the Supreme Court's decision, these young adults now
will likely be separated from family members for years-and in
many cases, decades-to come. The Court's decision rejects
a common-sense approach to the Child Status Protection Act
(CSPA). The irony is that the advice of a bipartisan group of
present and former members of Congress, who explained in
an amicus curiae brief exactly how the law was intended to
reunite families, was not followed. The nine justices issued
four opinions in the case. All agreed that the CSPA
compensates an aged-out child by automatically converting a
parent's original visa petition to the appropriate category and
by allowing an individual retain the "priority date" of the
original visa petition. This benefit means that the aged-out
child can be credited with the time already spent waiting for a
visa with family when entering the line for the new visa. This
prevents them from having to begin again at the back of the
new visa line.
The sole question before the Court was to whom these CSPA
benefits applied. Were all aged-out children entitled to the
2. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM]
UPDATE: CBP
AUTOMATED
PASSPORT CONTROL
INFORMATION AND
FAQ's.
PLEASE BE SURE TO
CHECK YOUR
PRIORITY DATE: THE
VISA BULLETIN FOR
JULY 2014 IS OUT!
NEW CHANGES IN
HIRING
INTERNATIONAL
STUDENTS.
NAFTA APPLICATIONS
AT THE BORDER.
WHAT CAN I BRING
INTO CANADA WITH
ME?
IMMIGRATION NEWS
AND VIEWS: WHY IS
PRESIDENT OBAMA
NOT PUSHING THE
COMPREHENSIVE
IMMIGRATION
REFORM (CIR)?
PRIME MINISTER OF
INDIA, NARENDRA
MODI'S, VISA DENIAL.
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
benefits, no matter what the original visa category, or just
children who originally fell within one visa category-the
children of lawful permanent residents? On the question
before the Court there was little agreement. In particular, the
justices were concerned with the concept of "automatic
conversion." How could one type of petition filed by a
parent's relative-on which the child was originally included-
automatically convert to one that was filed directly on behalf of
the aged-out child? Justice Alito's answer, in his dissenting
opinion, offers a sound solution . . . if there is an appropriate
category to which the petition can convert, it should be
converted; if not, there will not be a conversion.
More importantly, he notes that with respect to the families in
the case, by the time the parents had all become permanent
residents and filed new petitions for their aged-out children,
an appropriate category existed: that for adult children of
lawful permanent residents. Because the aged-out children
now fell within this visa category, Justice Alito would have
held that they were entitled to the CSPA benefit.
Of course, this Court decision means that the President will
have the even harder decision of whether or not to take some
form of administrative action. For additional information about
the CSPA or Aging-Out or about what to do to advance cases
of those whose cases are taking a long time, please feel free
to contact the immigration and nationality lawyers and
attorneys at the NPZ Law Group at info@visaserve.com or
by calling them at 201-670-0006 (x107).
"DEFINING PARTNERSHIP OF 21ST CENTURY": E
VISA POSSIBILITY FOR INDIAN CITIZENS?
On June 5th, 2014, it was announced that India's new Prime Minister,
Narendra Modi, will have a bilateral meeting with the U.S. President
Barack Obama in the last week of September this year. Among other
things, it is a great opportunity for both leaders to discuss the long
pending Bilateral Investment Treaty (BIT) between both the countries.
While investment treaty between India and the U.S. would provide
important protections to U.S. investors in India, it will also certainly
provide a great opportunity to the Indian businessmen to invest and
establish businesses in the United States using E nonimmigrant visa.
Both Washington and New Delhi want to embrace the idea of BIT but
so far they have not been able to reach a common ground and gather
political support.
TO READ MORE, PLEASE CLICK HERE . . .
SOME H-4 VISA HOLDERS MAY BE ABLE TO WORK
SOON AND SOME OTHER U.S. IMMIGRATION
REGULATORY AND REFORM UPDATES.
First, as many of our readers already know, a long-pending regulation
has finally made it to the Federal Register. Soon, certain H-4 spouses
will be able to work in the U.S. Other regulations have been published
in the Federal Register to conform certain highly-technical legal
3. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM]
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
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.
Ombudsman | How
to effectively
process your L-1B
and H-1B | Request
for Evidence (RFE).
Dealing with CIS
Templates. What is
L-1B "specialized
knowledge"?
-
How to effectively
process your L-1B
and H-1B.
Specialized
knowledge.
- Definition on an
RFE
- Communicating
with the
Ombudsman, when it
is helpful to get a
lawyer to help you
through this process.
Getting help from a
Congressman,
Lawyer or AILA
Liaison.
Deportations and
Removals | Obama
nuances to "reality".
Additionally, we are pleased about the liberalization of the rules of
evidence for EB-1(2), Outstanding Researcher and Professor cases.
Also, in an attempt to conform an obsolete and highly-technical rule to
reality, H-1B1 and E-3 extension filings will be afforded an additional
240 days of work authorization while the extension applications are
pending with the USCIS.
Also, there was a new policy promulgated with regard to the submission
of medical reports to the USCIS. Medical reports from the Civil
Surgeon will be valid for one year from being signed and for one year
after submission.
TO READ MORE, PLEASE CLICK HERE . . .
THE LONG AWAITED DACA RENEWAL PROCESS IS
RELEASED BY THE USCIS - SEE THE NEW FORM.
"Secretary of Homeland Security Jeh Johnson today announced the
process for individuals to renew enrollment in the Deferred Action for
Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration
Services (USCIS) has submitted to the Federal Register an updated
form to allow individuals previously enrolled in DACA, to renew their
deferral for a period of two years.
At the direction of the Secretary, effective immediately, USCIS will
begin accepting renewal requests. USCIS will also continue to accept
requests for DACA from individuals who have not previously sought to
access the program. As of April 2014, more than 560,000 individuals
have received DACA.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
PASSPORT CONTROL UPDATE: CBP AUTOMATED
PASSPORT CONTROL INFORMATION AND FAQ's.
Earlier this month, CBP released information on automated passport
control at U.S borders. Automated Passport Control (APC) is a U.S.
Customs and Border Protection (CBP) program that expedites the
entry process for U.S., Canadian and eligible Visa Waiver Program
international travelers by providing an automated process through
CBP's Primary Inspection area using self-service kiosks to submit
declaration forms and biographic information.
FOR DETAILED INFORMATION ON THE APC PROCESS AND
LOCATIONS OF APC KIOSKS, PLEASE CLICK HERE . . .
PLEASE BE SURE TO CHECK YOUR PRIORITY DATE:
THE VISA BULLETIN FOR JULY 2014 IS OUT!
The Department of State has released its July 2014 Visa Bulletin. The
Philippines EB-3 jumped again. It is now into 2009, which is a two year
jump in the last two months.
Good news for India EB-2. India EB-2 also moved forward. It
progressed four years to September 2008. However, the wait-times are
still significant and we continue to monitor CIR as an alternative here.
Consider whether you or your spouse has a good EB-1 case. As we
handle many EB-1 cases, please feel free to contact us for a quick
4. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM]
has deported about
2 million people.
Deportations: President
Obama asked Jeh
Johnson to review
Removal - Deportation
policy to make it a more
humane process;
Obama, commonly called
the "Deporter in Chief",
has deported about two
million people.
=============
UPCOMING EVENTS
NJICLE: U.S.
Immigration Law
Basics.
When:
Thursday, June 26,
2014
Time:
9:00 AM to 4:30 PM
Where:
NJ Law Center
One Constitution
Square
New Brunswick, NJ
* * * * * * *
NJICLE: Hiring,
Retaining &
Terminating
Foreign Nationals
- A Webinar
When:
Tuesday, September
30th, 2014
Time:
12:00 PM to 1:40 PM
For detailed
evaluation.
The Chinese EB-3 number remains at October 2006. Other EB-3s did
not advance or retrogress. It remains at April 2011. It is not likely to
progress until October, the beginning of the fiscal year.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
CANADIAN IMMIGRATION LAW UPDATES:
NPZ NEWS FROM NORTH OF BORDER.
NEW CHANGES IN HIRING INTERNATIONAL
STUDENTS.
Effective immediately, the Department is ending the Recruitment and
Advertisement Exemption for employers wishing to hire international
students who have graduated from recognized Canadian post-
secondary institutions and whose Post-Graduate Work Permit (PGWP)
is expiring. Employers submitting a labour market opinion (LMO) to
hire an individual transitioning from the PGWP must now ensure that
they meet all of the Program requirements for the applicable stream:
TO READ MORE ON "REQUIREMENTS OF HIGHER AND LOWER
SKILLED OCCUPATION", PLEASE CLICK HERE . . .
NAFTA APPLICATIONS AT THE BORDER: An Article by
Ms. Arifa Serter, a Legal Intern at the Nachman Phulwani
Zimovcak (NPZ) Law Group in the CLG Division.
The North American Free Trade Agreement, otherwise known as
"NAFTA," is a treaty which allows Americans, Canadians, and
Mexicans to work temporarily in one of these three countries for certain
jobs or occupations listed under NAFTA. Going into the U.S.A., a
person applies to secure what is called a "TN visa." The equivalent
visa on the Canadian side is more commonly referred to as a "Work
Permit under NAFTA."
A foreign national can easily apply for the TN Visa, under NAFTA, at
any Point of Entry (i.e. Airport or Land Border). Nonetheless, sufficient
time and energy is required for a successful NAFTA application. As a
Canadian citizen who came to work for a law firm in the U.S.A., I have
personal experience with the preparation and obtaining of a TN visa.
Furthermore, as part of my internship at CLG, I have also assisted in
the preparation of these work permit applications. I know first-hand the
importance of completing the NAFTA application package with great
care and detail.
TO READ MORE ON "PERSONAL EXPERIENCE OF NAFTA
APPLICATION AND TIPS TO APPLY", PLEASE CLICK HERE . . .
WHAT CAN I BRING INTO CANADA WITH ME?
For our clients who have successfully secured a work permit, or
permanent residence, for Canada, the next question often is: "What
can I bring with me when I go?" Here are some useful tips to facilitate
your entry to Canada.
5. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM]
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
TIMES
SCHEDULE AN
INFOPASS
APPOINTMENT
CBP BORDER
WAIT TIMES
BORDER WAIT
TIMES
TO READ MORE, PLEASE CLICK HERE . . .
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
WHY IS PRESIDENT OBAMA NOT PUSHING THE
COMPREHENSIVE IMMIGRATION REFORM (CIR)?
While it's a top priority for the president's first term, White House
spokesman Nick Shapiro says "the president has consistently said that
he wants to start the discussion later this year because our immigration
system is broken ... but the economy comes first."
The White House insisted that Thursday's New York Times story
reporting that President Obama would start addressing immigration
"isn't news." Administration officials say the president previously told
members of the Congressional Hispanic Caucus and the Hispanic
Chamber of Commerce that he's always planned to start discussions
on immigration reform this year.
"There are a lot of things on his plate and a lot of pressing issues
relating to the economy. I don't think he expects that it will be done this
year," White House press secretary Robert Gibbs said Thursday.
NEW ECONOMIC OPPORTUNITIES FOR INDIA:
PRIME MINISTER OF INDIA NARENDRA MODI VISA
DENIAL .
6. http://archive.constantcontact.com/fs147/1011188341227/archive/1117653321350.html[6/16/2014 2:43:59 PM]
- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
Both Washington and New Delhi want to embrace the idea of BIT but
so far they have not been able to reach a common ground and gather
political support. The enthusiasm of the United States in
entering a BIT with India can be sensed through a letter sent by the
members Senate India Caucus, U.S. Senate, urging the President
Barack Obama to expedite the ongoing discussions about the treaty
between the U.S. and India. The letter, in pertinent part, states that:
"Many countries have already recognized and acted upon the
incredible economic opportunities India presents. India has completed
investment agreements with 80 countries including all major European
nations, ASEAN, Japan and South Korea. In order to overcome the
competitive disadvantage already facing American companies in the
Indian marketplace, it is imperative that the United States move
forward quickly to negotiate and conclude this treaty..."