The big political question now is whether the U.S. Department of Homeland Security (DHS) will receive funding from Congress beyond February, 2015. Many of our readers continue to send queries about the future viability of DAPA, DACA and future of President Obama's other Executive Action Immigration Relief(s) that were announced in November, 2014. Even with the Court decision out of Texas (see the story below), we continue to to remain cautiously optimistic but feel comforted by the fact that, historically, no Executive Action Relief(s) has been taken off-line. DACA extensions were set to be filed on February 18th but have been delayed. We still anticipate DAPA cases will be filed in the Spring and we are working with our clients and others to prepare document for the May filing date for DAPA.
Of course, preparation of H-1B nonimmigrant visas for our clients and their professional and specialty occupation employee staff for the April 1st deadline continues. On April 1st, U.S. employers will file H-1B cap cases seeking October 1st 2015 start dates for professional and specialty occupation staff. Last year, because the demand for the H-1B nonimmigrant visa was so high, there was a "lottery". About three (3) H-1B petitions were filed for every one (1) spot available. We anticipate about the same demand (if not more) for this fiscal year.
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
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.
This is not an April Fool's joke. Today is the opening of the H-1B visa lottery. Within the next few days, this year's H-1B visa cap will be reached and only a limited number of highly-skilled immigrants will be able to stay in the U.S. to start companies and create jobs, instead of doing so for our foreign competitors.
Perhaps it is our Nation that continues to be the April Fool! As our myriad of H-1Bs slowly find their way to the loading docks at the USCIS Service Centers, we sit back and contemplate the reality of our broken immigration system. How can it be the case that the most powerful and industrious nation in the world leaves the value added by highly-skilled workers to nothing less then a "game of chance"?
Last year, over 172,000 applications were received for 65,000 Bachelor's (and for 20,000 Master's slots). The USCIS stopped accepting applications after five days and they are anticipating the same for this fiscal year's (FY 2016) filings. Our system is bad for entrepreneurs as well as the U.S. economy.
March-madness continues to be the harbinger of the impending April 1st deadline for H-1B cap cases pursuant to which U.S. employers will be seeking October 1st start dates for H-1B hopefuls. Due to increasing improvement in the U.S. economy, it is highly-likely that there will be an H-1B lottery within the first several days of the H-1B deadline. Last year there were over 172,000 H-1B petitions submitted for 85,000 spots. We are expecting the same (and even more) this year. If you have not already begun preparing for the 2015 H-1B season, now is the time to do it. Our office provides prospective H-1B employers and employees with Overview documents and Checklists that describe the information that you need to provide to your immigration lawyer(s) to prepare the H-1B work visa.
On November 20th, President Obama announced a plan for the Immigration Accountability Executive Action 2014, which is also known as the "Immigration Accountability Executive Action". In addition to the announcement, there were eighteen (18) documents released by the White House and the Department of Homeland Security (DHS) that elaborated on the President's Plan. Many facets of the President's Plan may be of great assistance to members in many immigrant communities in the U.S.
The President announced the creation of a new program called "Deferred Action for Parental Accountability" (DAPA). This program will permit Parents of U.S. Citizens and Lawful Permanent Residents (as of November 20th, 2014) to be eligible to apply for "deferred action" (avoiding removal) if they have been present in the U.S. since January 1st, 2010 and if they have five (5) years of "continuous presence".
In addition, another extension of deferred action was announced. It is the expansion of the Deferred Action for Childhood Arrivals (DACA) Program. The age limit for DACA has been removed and the date of residence has been moved-up to 2010. It is anticipated that this will allow 300,000 additional persons to apply for deferred action. Like DAPA, DACA work permits will be granted for three (3) years.
Another way that members of many immigrant communities will benefit from the President's Plan concerns changes to Provisional Waivers. USCIS will issue new regulations and policies regarding I-601A waivers. In January 2013, DHS published a regulation allowing some people to file I-601A waivers of the three and ten year overstay/unlawful status bars before leaving the U.S. and potentially facing the bar.
Another way that President Obama's announcement will benefit many immigrant communities will be a liberalization of the use of the National Interest Waiver (NIW) category for the Green Card. The President stated that the NIW was "underutilized" and ordered USCIS to clarify the standard by which a national interest waiver can be granted. The change is primarily targeted at making it easier for businesspeople and entrepreneurs to qualify.
Additionally, "parole-in-place" is being expanded for certain entrepreneurs. USCIS will grant parole status, on a case-by-case basis, to inventors, researchers, and founders of start-up enterprises who may not yet qualify for a national interest waiver but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
In addition to the foregoing, the President requested the USCIS to issue clarification of the definition of "specialized knowledge" for the L-1B intracompany transfer nonimmigrant visa petitions. Also, there is a proposal to accelerate the time when an employee may be "portable" under AC-21.
The Administrative Relief that has been proposed by the President is l
U.S. IMMIGRATION LAW NEWS AND UPDATES Executive Order, EB-5 Entrepreneur Investors Visa, President Trump Backs RAISE Act, Academic Visas, CBP Notice, International Students, Administrative Processing, September Visa Bulletin Update, etc.
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
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.
This is not an April Fool's joke. Today is the opening of the H-1B visa lottery. Within the next few days, this year's H-1B visa cap will be reached and only a limited number of highly-skilled immigrants will be able to stay in the U.S. to start companies and create jobs, instead of doing so for our foreign competitors.
Perhaps it is our Nation that continues to be the April Fool! As our myriad of H-1Bs slowly find their way to the loading docks at the USCIS Service Centers, we sit back and contemplate the reality of our broken immigration system. How can it be the case that the most powerful and industrious nation in the world leaves the value added by highly-skilled workers to nothing less then a "game of chance"?
Last year, over 172,000 applications were received for 65,000 Bachelor's (and for 20,000 Master's slots). The USCIS stopped accepting applications after five days and they are anticipating the same for this fiscal year's (FY 2016) filings. Our system is bad for entrepreneurs as well as the U.S. economy.
March-madness continues to be the harbinger of the impending April 1st deadline for H-1B cap cases pursuant to which U.S. employers will be seeking October 1st start dates for H-1B hopefuls. Due to increasing improvement in the U.S. economy, it is highly-likely that there will be an H-1B lottery within the first several days of the H-1B deadline. Last year there were over 172,000 H-1B petitions submitted for 85,000 spots. We are expecting the same (and even more) this year. If you have not already begun preparing for the 2015 H-1B season, now is the time to do it. Our office provides prospective H-1B employers and employees with Overview documents and Checklists that describe the information that you need to provide to your immigration lawyer(s) to prepare the H-1B work visa.
On November 20th, President Obama announced a plan for the Immigration Accountability Executive Action 2014, which is also known as the "Immigration Accountability Executive Action". In addition to the announcement, there were eighteen (18) documents released by the White House and the Department of Homeland Security (DHS) that elaborated on the President's Plan. Many facets of the President's Plan may be of great assistance to members in many immigrant communities in the U.S.
The President announced the creation of a new program called "Deferred Action for Parental Accountability" (DAPA). This program will permit Parents of U.S. Citizens and Lawful Permanent Residents (as of November 20th, 2014) to be eligible to apply for "deferred action" (avoiding removal) if they have been present in the U.S. since January 1st, 2010 and if they have five (5) years of "continuous presence".
In addition, another extension of deferred action was announced. It is the expansion of the Deferred Action for Childhood Arrivals (DACA) Program. The age limit for DACA has been removed and the date of residence has been moved-up to 2010. It is anticipated that this will allow 300,000 additional persons to apply for deferred action. Like DAPA, DACA work permits will be granted for three (3) years.
Another way that members of many immigrant communities will benefit from the President's Plan concerns changes to Provisional Waivers. USCIS will issue new regulations and policies regarding I-601A waivers. In January 2013, DHS published a regulation allowing some people to file I-601A waivers of the three and ten year overstay/unlawful status bars before leaving the U.S. and potentially facing the bar.
Another way that President Obama's announcement will benefit many immigrant communities will be a liberalization of the use of the National Interest Waiver (NIW) category for the Green Card. The President stated that the NIW was "underutilized" and ordered USCIS to clarify the standard by which a national interest waiver can be granted. The change is primarily targeted at making it easier for businesspeople and entrepreneurs to qualify.
Additionally, "parole-in-place" is being expanded for certain entrepreneurs. USCIS will grant parole status, on a case-by-case basis, to inventors, researchers, and founders of start-up enterprises who may not yet qualify for a national interest waiver but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
In addition to the foregoing, the President requested the USCIS to issue clarification of the definition of "specialized knowledge" for the L-1B intracompany transfer nonimmigrant visa petitions. Also, there is a proposal to accelerate the time when an employee may be "portable" under AC-21.
The Administrative Relief that has been proposed by the President is l
U.S. IMMIGRATION LAW NEWS AND UPDATES Executive Order, EB-5 Entrepreneur Investors Visa, President Trump Backs RAISE Act, Academic Visas, CBP Notice, International Students, Administrative Processing, September Visa Bulletin Update, etc.
U.S. immigration laws are one of the biggest obstacles in hiring talented employees. There is also no Startup Visa preventing many entrepreneurs from setting up their businesses in the US. Tahmina Watson will discuss options available to employers as well as startup founders. She will also discuss a potential new option for entrepreneurs that the Obama Administration should be announcing soon as well as how and why you should advocate for immigration reform.
This Obama immigrant work permit opened up opportunities for about 1.2 million young undocumented immigrants. This was an olive branch with temporary work and a halt on deportation in a platter. The work permit policy was announced in June 2012 to encourage younger illegal immigrants without any criminal record.
Jamestown Latin America Research: Over the last several years, economic growth in Peru has performed at China-type levels, and its expansion has been Latin America’s most impressive over the last decade.
Asylum law, deportation policy, immigration reform, and foreign relations dominated immigration news in July 2015.
Perhaps the most sensation article was an announcement that refugees should be given a new country, in a part of the world with relatively unused land, to start a new society.
This was not the only major item regarding refugees. The most fun story was about four teenage skate-boarders, patinetos, who made it from El Salvador to the United States to escape the gang violence in their homeland.
Both issues, massive numbers of asylum seeking leaving their places of origin and the Central American youth refugee crisis, led to America’s vastly expanded immigration court caseloads.
Talking about crowded courts leads one directly to news about immigration reform – or, more precisely, the lack of immigration reform and its effect.
One study asserted that changes in deportation policy imposed by the administration created a poorly run system, in which 13% of undocumented immigrants were being deported. The study which focused only on a distinction between high priority and low priority criminal offenders was glaringly oversimplistic.
The flaw was borne out by another study which showed the government would need to 500 new immigration judges just to catch up with the ever-expanding backlog of arrested immigrants facing removal.
The backlog is also tied not just to immigration reform. It is also linked to poor representation by criminal defense counsel.
Yet, in light of the shooting of a U.S. citizen at a popular tourist site in San Francisco by an undocumented immigrant with multiple convictions, no one was listening to honest statistics. The debate over deportation was reignited, with harsh rhetoric from both sides.
The House GOP leader, meanwhile, told an audience in Ireland that he was committed to making reform happen. Irish and American pundits were stunned by his remarks. In their view past actions belie lofty promises.
Some promises, however, have meaning which overcomes old behaviors. Take the U.S. – Cuban restoration of diplomatic relations. The Cold War between the two countries has ended . . . almost . . . and that could lead to more Cuban All Stars like Camilio Pascual and Luis Tiant joining American baseball teams in the near future.
INSZoom Immigration Conference 2017 – Navigating through ‘America first!’: Wh...INSZoom
A new administration brings changes to the most popular U.S. non-immigrant visas. Are you up to speed on the changes? This session will help you gain knowledge and sail through the new visa guidelines.
This presentation describes the various ways that the immigration process can come under audit by various administrative agencies of the U.S. Government. Specifically, the H-1B process, the I-9 Form process (IRCA) and the PERM process can all be audited by administrative agencies and employers can be found to be responsible to pay penalties for violations. This presentation was developed in connection with a program to be given by David H. Nachman, Esq. in Tokyo, Japan, on April 22nd, 2010. Please see the Visaserve Website for details . . . www.visaserve.com.
U.S. IMMIGRATION NEWS AND UPDATES - H-1B MASTER'S CAP, H-1B FILING SEASON, I-9 FORM UPDATES, FAMILY IMMIGRANT VISA, SCALIA PASSING IMPACTS DACA & DAPA, ETC.
EB-4:
Cap of 5,000 workers (non-minister religious worker)/No cap for ministers.
I-360 Petition (self-petition or through an employer)
Member of religious denomination having a bona fide, nonprofit, religious organization in the U.S for at least 2 years immediately preceding petition filing.
EB-5:
Immigrant’s investment of Capital
In a New Commercial Enterprise (NCE)
That creates jobs
In a new set of regulations, the U.S. is seeking changes to what’s called the Operational Practical Training (OPT) program after a federal court ruled in August that the Government erred by not seeking public comment earlier.
Upon approval of H-1B petition by the USCIS[ii], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
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 (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally 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 alien 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.
On June 5, 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.
Upon approval of H-1B petition by the USCIS , foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
(DHS) The Department of Homeland Security is working on a proposed rule that will allow certain beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) to obtain an Employment Authorization Document (EAD) and to engage in natural career advancements.
U.S. immigration laws are one of the biggest obstacles in hiring talented employees. There is also no Startup Visa preventing many entrepreneurs from setting up their businesses in the US. Tahmina Watson will discuss options available to employers as well as startup founders. She will also discuss a potential new option for entrepreneurs that the Obama Administration should be announcing soon as well as how and why you should advocate for immigration reform.
This Obama immigrant work permit opened up opportunities for about 1.2 million young undocumented immigrants. This was an olive branch with temporary work and a halt on deportation in a platter. The work permit policy was announced in June 2012 to encourage younger illegal immigrants without any criminal record.
Jamestown Latin America Research: Over the last several years, economic growth in Peru has performed at China-type levels, and its expansion has been Latin America’s most impressive over the last decade.
Asylum law, deportation policy, immigration reform, and foreign relations dominated immigration news in July 2015.
Perhaps the most sensation article was an announcement that refugees should be given a new country, in a part of the world with relatively unused land, to start a new society.
This was not the only major item regarding refugees. The most fun story was about four teenage skate-boarders, patinetos, who made it from El Salvador to the United States to escape the gang violence in their homeland.
Both issues, massive numbers of asylum seeking leaving their places of origin and the Central American youth refugee crisis, led to America’s vastly expanded immigration court caseloads.
Talking about crowded courts leads one directly to news about immigration reform – or, more precisely, the lack of immigration reform and its effect.
One study asserted that changes in deportation policy imposed by the administration created a poorly run system, in which 13% of undocumented immigrants were being deported. The study which focused only on a distinction between high priority and low priority criminal offenders was glaringly oversimplistic.
The flaw was borne out by another study which showed the government would need to 500 new immigration judges just to catch up with the ever-expanding backlog of arrested immigrants facing removal.
The backlog is also tied not just to immigration reform. It is also linked to poor representation by criminal defense counsel.
Yet, in light of the shooting of a U.S. citizen at a popular tourist site in San Francisco by an undocumented immigrant with multiple convictions, no one was listening to honest statistics. The debate over deportation was reignited, with harsh rhetoric from both sides.
The House GOP leader, meanwhile, told an audience in Ireland that he was committed to making reform happen. Irish and American pundits were stunned by his remarks. In their view past actions belie lofty promises.
Some promises, however, have meaning which overcomes old behaviors. Take the U.S. – Cuban restoration of diplomatic relations. The Cold War between the two countries has ended . . . almost . . . and that could lead to more Cuban All Stars like Camilio Pascual and Luis Tiant joining American baseball teams in the near future.
INSZoom Immigration Conference 2017 – Navigating through ‘America first!’: Wh...INSZoom
A new administration brings changes to the most popular U.S. non-immigrant visas. Are you up to speed on the changes? This session will help you gain knowledge and sail through the new visa guidelines.
This presentation describes the various ways that the immigration process can come under audit by various administrative agencies of the U.S. Government. Specifically, the H-1B process, the I-9 Form process (IRCA) and the PERM process can all be audited by administrative agencies and employers can be found to be responsible to pay penalties for violations. This presentation was developed in connection with a program to be given by David H. Nachman, Esq. in Tokyo, Japan, on April 22nd, 2010. Please see the Visaserve Website for details . . . www.visaserve.com.
U.S. IMMIGRATION NEWS AND UPDATES - H-1B MASTER'S CAP, H-1B FILING SEASON, I-9 FORM UPDATES, FAMILY IMMIGRANT VISA, SCALIA PASSING IMPACTS DACA & DAPA, ETC.
EB-4:
Cap of 5,000 workers (non-minister religious worker)/No cap for ministers.
I-360 Petition (self-petition or through an employer)
Member of religious denomination having a bona fide, nonprofit, religious organization in the U.S for at least 2 years immediately preceding petition filing.
EB-5:
Immigrant’s investment of Capital
In a New Commercial Enterprise (NCE)
That creates jobs
In a new set of regulations, the U.S. is seeking changes to what’s called the Operational Practical Training (OPT) program after a federal court ruled in August that the Government erred by not seeking public comment earlier.
Upon approval of H-1B petition by the USCIS[ii], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
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 (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally 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 alien 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.
On June 5, 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.
Upon approval of H-1B petition by the USCIS , foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
(DHS) The Department of Homeland Security is working on a proposed rule that will allow certain beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) to obtain an Employment Authorization Document (EAD) and to engage in natural career advancements.
We are in the midst of the H-1B season. If you have not yet begun to prepare the H-1B for the April 1st filing date, do not despair. It is not too late. It will take about a week or so to submit and receive an approval for the Labor Condition Application (LCA - Form 9035) from the U.S. Department of Labor (DOL) but there is still time. The most important thing to do now is to immediately ask your employer to submit an H-1B Petition on your behalf.
Upon approval of H-1B petition by the United States Citizenship and Immigration Services (USCIS)[1], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States.
Most prospective H-1B employees and H-1B employers begin with either of the following two questions: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.”
The purpose of Form I-129F is to allow U.S. citizens, to:
•Bring their fiancé(e) (K-1) to the U.S. for marriage, and that person's children (K-2); or
•Bring their spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status.
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.
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: NPZ Lawyers Travel to India, Trump Administration on Immigration, "Know Before You Go" - Holiday Travel Advisory, N-400 Updates, Immigration Fees Set To Increase, Happy Holidays to one and all, etc.
The reason why immigration reform needs to be "grass roots" is because it impacts all of us that way. Foreign nationals are all around us. Their kids grew-up with your kids. You have shared barbecues and block parties with them and you have sat with them in Church or Temple on the weekends. When the Immigration and Customs Enforcement (ICE) vehicles surround a house in the community with sirens blaring, children watch and wonder what they may have done wrong..........
The beginning of February was marked by nothing less than "confusion" in the U.S. immigration law arena as the Trump Administration continues to "settle-in". Members of the NPZ Law Group continue their active community outreach efforts through both civic and professional organizations. It continues to be our goal to help explain recent U.S. immigration law initiatives to what appears to be an extremely "confused" public.
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 . . .
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
U.S. IMMIGRATION LAW NEWS AND UPDATES: Updated Visa Bulletin for July 2016, Increased fees for H-1B and L-1 visas, Asylum Updates, EB-4 Mexico, Immigration Law Politics, DAPA and DACA II Updates, U Visas, L-1 Intracompany transfers, 24 Month STEM Exte
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.
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: H-1B CAP RANDOM LOTTERY, REDESIGNED GREEN CARD, TPS UDPATES, OPT/STEM EXTENSION, VOICE OFFICE, DACA RENEWAL, CANADA IMMIGRATION UPDATES.
U.S. IMMIGRATION NEWS AND UPDATES - H-1B FILING SEASON IN FULL-SWING; EMPLOYMENT VERIFICATION (FORM I-9) PROCESS CHANGES; INCREASES IN H-1B & L-1 VISA PETITION FEES; NEW SKILLED-LABOR AND WORK VISA IMMIGRATION REGULATIONS; F-1 STEM OPT UPDATES?
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.
U.S. IMMIGRATION LAW NEWS AND UPDATES: President Trump on US immigration, VISA MANTIS - Extreme Vetting, STEM for Students, Summer Travel for International Students, B-1/B-2 Visitor Visas, PERM Updates, Greater Brazilian Community Assistance with U.S. and Canada immigration, etc.
As Nachman Phulwani Zimovcak (NPZ) Law Group's Immigration and Nationality Lawyers continue to prepare H-1B nonimmigrant work visas for the 2018-2019 filing deadline on April 2nd, we take a short pause to look at the H-1B visa lottery from the "20,000 foot view".
We continue to see the impact of President Trump's "Buy American ... Hire American"(BAHA) and "Extreme Vetting" policies that continue to impact the business immigration law arena.
With the recent announcement about the NEW NVC (National Vetting Center), it appears to clearly be the case that immigration processes in the U.S. will continue slow to a crawl.
The American Immigration Lawyers Association (AILA) this past week released a report detailing Trump's purported mission to expand immigration enforcement powers and to quash the exercise of "prosecutorial discretion" in immigration cases.
AILA's report finds that U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) are not prioritizing criminal convictions or public safety threats for removal, contrary to prior claims. Rather, these immigration agencies are seeking to deport those they can easily identify. They have "all but eliminated discretionary authority".
INFOPASS appointments continue to be very difficult to obtain. Government officials are more and more difficult to reach. Greater obstacles have been established, for us, as immigration lawyers, to hurdle.
We are facing challenging times in the practice of immigration law in the US. We continue to remind our clients to be "patient and persistent".
Nevertheless, our immigration law staff continues to work hard to find "creative solutions" for immigration law problems. Please feel free to reach out for us at 201-670-0006 (x107) if we can be of assistance to you, your colleagues, your family members, or any members of your staff.
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
Happy new year to all! In the U.S., we look forward to what promises to be an exciting New Year on the immigration and nationality law front. In anticipation of the New Year we were provided with a new DRAFT rule from the U.S. Department of Homeland Security (DHS) about employment-based green card processing, nonimmigrant work visas and employment authorization documents (EADs). The regulation is 181 pages in length and it affects a large portion of the country's skilled immigrant workers as well as potentially millions of others that may apply for EADs.
Similar to IMMIGRATION NEWS AND UPDATES - NPZ Law Group, P. C. (Feb 15th, 2015) (20)
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.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
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)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
IMMIGRATION NEWS AND UPDATES - NPZ Law Group, P. C. (Feb 15th, 2015)
1. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 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
AND NATIONALITY
LAWYERS AND
ATTORNEYS OF THE
NPZ LAW GROUP.
AND THE BEAT GOES
ON - STAY TUNED:
DISTRICT COURT
RULING TEMPORARY
HALTED ACTION ON
DACA & DAPA - WHAT
ARE THE PROSPECTS
FOR DAPA AND DACA
FOR THE FUTURE?
HOW MUCH
PROSPECTIVE H-1B
EMPLOYERS NEED TO
PAY TO H-1B
EMPLOYEES AND
WHY THE PREVAILING
WAGE IS IMPORTANT.
DHS TO BOOST
BUSINESS
IMMIGRATION
THROUGH THE
"KNOWN EMPLOYER
PROGRAM".
CBP PREMIERES NEW
WELCOME VIDEOS
FOR INTERNATIONAL
Dear Readers:
HAPPY CHINESE NEW YEAR!
The big political question now is whether the U.S. Department of
Homeland Security (DHS) will receive funding from Congress
beyond February, 2015. Many of our readers continue to send
queries about the future viability of DAPA, DACA and future of
President Obama's other Executive Action Immigration Relief(s)
that were announced in November, 2014. Even with the Court
decision out of Texas (see the story below), we continue to to
remain cautiously optimistic but feel comforted by the fact
that, historically, no Executive Action Relief(s) has been taken off-
line. DACA extensions were set to be filed on February 18th but
have been delayed. We still anticipate DAPA cases will be filed in
the Spring and we are working with our clients and others to
prepare document for the May filing date for DAPA.
Of course, preparation of H-1B nonimmigrant visas for our clients
and their professional and specialty occupation employee staff for
the April 1st deadline continues. On April 1st, U.S. employers will
file H-1B cap cases seeking October 1st 2015 start dates for
professional and specialty occupation staff. Last year, because the
demand for the H-1B nonimmigrant visa was so high, there was a
"lottery". About three (3) H-1B petitions were filed for every one
(1) spot available. We anticipate about the same demand (if not
more) for this fiscal year.
We continue to closely monitor what is happening on Capitol Hill.
An immigration system that works for the U.S. would strengthen
national security while making the economy healthier. We continue
to urge Congress and the President to put the U.S. economy first
and fix our broken immigration system. The U.S. is a nation of
2. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
TRAVELERS.
H-1B NONIMMIGRANT
PROFESSIONAL AND
SPECIALTY
OCCUPATION WORK
VISA FILING TIPS FOR
APRIL 1ST, 2015
U.S. DEPARTMENT OF
STATE RELEASES
THE VISA BULLETIN
FOR MARCH 2015: IS
YOUR PRIORITY DATE
CURRENT YET?
SE HABLA ESPANOL:
PRESENTAR UNA
PETICIÓN H-1B EL 1
DE ABRIL: ¿QUÉ
NECESITAN SABER
LOS POTENCIALES
EMPLEADORES Y LOS
EMPLEADOS H-1B?
[PARTE I] Por: Michael
Phulwani, Esq, David H.
Nachman, Esq, y
Rabindra K. Singh, Esq
PRESIDENT OBAMA'S
EXECUTIVE ACTIONS -
DACA, DAPA AND
PROVISIONAL WAIVER
EXPANSION - WHAT
DOES THE FUTURE
HOLD? IS THE
FEDERAL COURT IN
TEXAS GOING TO
MAKE A DIFFERENCE?
WE THINK NOT. IT
WILL ONLY SLOW THE
INEVITABLE!
ELIGIBILITY FOR DACA
AND DAPA WITH
CRIMINAL
CONVICTIONS AND
DEPORTATION
PROCEEDINGS |
FILING IMMIGRATION
MARRIAGE CASES -
SOME NUANCES TO
CONSIDER.
UPCOMING EVENT
WHAT HR
MANAGERS NEED
TO KNOW TO
immigrants, but many seem to have forgotten - or maybe just don't
understand - how critical a vibrant immigrant community and a
working immigration system are to the economic well-being of the
U.S.
Immigration creates businesses. The Partnership for a New
American Economy estimates that immigrants are nearly 50 percent
more likely to start a business than native-born workers. These
businesses create jobs and bring more customers into the supply
chain, which in-turn generates more revenue for local governments
and resources for communities. It is important to note that
immigrants founded more than 40 percent of U.S. Fortune 500
companies - turning their American dreams into American
jobs. That is just one reason why highly-skilled immigrants are so
critical to growth. Today, there is a global competition for talent,
and we cannot afford to lose out to other nations.
Creating an immigration system that reflects the realities of today's
economy needs to start with strong, meaningful reform that secures
our borders, protects our citizens, enforces our laws and helps our
economy grow. The right reforms include improving U.S.
technological capability to enforce immigration laws, such as
resources for border security and an E-Verify system for U.S.
employers; welcoming legal immigrant workers to contribute to
U.S. economic growth and job creation by increasing visas for
higher-skilled workers and establishing a system for lower-skilled
workers; and developing a process for undocumented immigrants
already residing in the U.S. to come forward, undergo background
checks, pay a penalty and earn legal status.
For more information about DAPA, DACA or President Obama's
Administrative Relief, H-1B nonimmigrant visas for an April
1st filing date, or any other U.S. or Canadian business or family-
based immigration law matter(s), please feel free to contact any of
the immigration lawyers or immigration attorneys at the Nachman
Phulwani Zimovcak (NPZ) Law Group, P.C. by e-mailing us
at info@visaserve.com or by calling our office at 201-670-
0006 (x107).
AND THE BEAT GOES ON - STAY TUNED: DISTRICT
COURT RULING TEMPORARY HALTED ACTION ON
DACA & DAPA - PRESIDENT OBAMA'S
IMMIGRATION ACTION.
A Federal Judge in Texas has temporarily blocked President
Barack Obama's executive action on immigration, which has
drawn opposition from 26 states across the nation. The
Federal Judge in Texas has issued an injunction temporarily
blocking President Barack Obama's executive action on
immigration. Are DACA and DAPA in jeopardy of being
terminated? We think not. Interesting that a Judge is doing
this. Seems like the Republican Politicians (who are anti-
immigration) are hiding behind the judiciary now. They may be
safe for the time-being but it is only a matter of time for
people to realize that this Federal Judge is a puppet for the
Radical Republican Group (that continues to spew anti-
3. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
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
TIMES
SCHEDULE AN
INFOPASS
immigration ideals).
TO READ MORE, PLEASE CLICK HERE . . .
For more information and assistance with DACA & DAPA or Provisional
Waivers, 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 TOLL FREE at 866-599-
3625. In the meantime, please be sure to check out our website at
http://www.visaserve.com for updates.
HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED
TO PAY TO H-1B EMPLOYEES AND WHY THE
PREVAILING WAGE IS IMPORTANT. By: Michael
Phulwani,Esq., David Nachman, Esq., and Rabindra K.
Singh, Esq.
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. In addition, the employer
must attest that it is offering, and will offer, during the period
of H-1B employment the greater of: (1) the actual wage level
paid by the employer to all other individuals with similar
experience and qualifications for the specific employment in
question; OR (2) the prevailing wage level for the
occupational classification in the area of employment.
FOR DETAILED INFORMATION ON "H-1B EMPLOYEE
PREVAILING WAGE", PLEASE CLICK HERE . . .
DHS TO BOOST THE BUSINESS IMMIGRATION
THROUGH "KNOWN EMPLOYER PROGRAM."
On January 8th, 2015, the Department of Homeland Security
is considering a "Known Employer" pilot program to
streamline adjudication of certain types of employment-based
immigration benefit requests filed by eligible U.S. employers.
The "Known Employer" pilot program, which the Department
expects to commence by late-2015, is intended to make
adjudications more efficient and less costly, while reducing
paperwork and delays for both the Department and U.S.
employers who seek to employ foreign national workers.
A goal of the pilot program would be to expedite or otherwise
facilitate legitimate cross-border business travel along the
Northern border ports-of-entry, which is a bi-national
commitment under the North American Free Trade
Agreement (NAFTA) as well as the U.S.-Canada Beyond the
Border initiative.
4. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
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
Ridgewood, NJ 07450
NEW YORK OFFICE:
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
CBP PREMIERES NEW WELCOME VIDEOS FOR
INTERNATIONAL AIR TRAVELERS.
U.S. Customs and Border Protection welcomes more than 100 million
international air travelers to the United States each year. CBP always
tries to make sure that the travelers feel that their arrival experience is
secure, friendly and attentive.
To help to educate the public, CBP issued four videos, "Know Before
You Go," "Know Before You Visit," "You've Arrived," and "How to
Expedite Your Entry". These videos are a fresh approach to CBP's
public outreach and the video communication efforts highlight the
improved international arrivals process. These new videos will inform
visitors and citizens about CBP procedures so travelers know what to
expect prior to arriving in the United States.
TO READ MORE, PLEASE CLICK HERE . . .
GETTING READY FOR THE H-1B FILING SEASON: H-
1B NONIMMIGRANT PROFESSIONAL AND
SPECIALTY WORK VISA FILING TIPS FOR APRIL
1ST, 2015.
H-1B season is quickly approaching and numerous highly-skilled
foreign professionals who are either abroad or who are in the U.S. in
OPT are getting ready to meet the April 1st H-1B filing deadline. It is
very important at this crucial time to know some of the filing tips and
tricks so that you can be able to file the perfect H-1B.
NPZ Law Group, P.C Immigration attorneys seek to share some filing
tips for the H-1B. The guide covers various section such as LCA filing
timeline, Errors impact, filling fees and many more.
TO READ THE "H-1B FILLING TIPS", PLEASE CLICK HERE . . .
IS YOUR VISA PRIORITY DATE CURRENT? U.S.
DEPARTMENT OF STATE (DOS) RELEASES THE
VISA BULLETIN FOR MARCH 2015 - CHARLIE GIVES
US HIS OPINION - LOOKING INTO A CRYSTAL
BALL?:
The really big news in the March 2015 Visa Bulletin is the advancement
of the EB-2 India cut-off date by 16 months - from September 1st, 2005
to January 1st, 2007. Consistent with the U.S. Department of State's
(DOS) projections last month, EB-2 India has advanced much earlier
than in prior years and more dramatically than the 4 to 6 month
minimum discussed in last month's report.
The DOS is pursuing this strategy in an effort to help ensure the
adjudication of pending EB-2 India adjustment of status applications
before time sensitive materials expire, and to allow sufficient time for
applications to be processed should resources issues arise toward the
end of the fiscal year. DOS anticipates that EB-2 India will advance
further in April, though probably not as significantly as that which we
saw for March. DOS anticipates that the EB-2 India cut-off date will
likely continue to advance through this fiscal year, but at a steadier rate
5. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
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
and without a huge leap forward near the end of the fiscal year as it
has in the past.
As a result of the EB-2 movement, DOS anticipates an increase in EB-3
to EB-2 upgrades and hence, more adjustment of status filings. If these
numbers are significant, the advancement of EB-2 India may slow, or
require a correction. EB-2 India remains a category to watch closely as
the fiscal year progresses.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
H-1B ARTICLE SERIES IN SPANISH (SE
HABLA ESPANOL).
PRESENTAR UNA PETICIÓN H-1B EL 1 DE ABRIL:
¿QUÉ NECESITAN SABER LOS POTENCIALES
EMPLEADORES Y LOS EMPLEADOS H-1B? [PARTE
I] Por: Michael Phulwani, Esq, David H. Nachman, Esq, y
Rabindra K. Singh, Esq.
Aunque la economía de Estados Unidos se desaceleró un
poco durante el cuarto trimestre de 2014, los informes
recientes sugieren que habrá un nuevo repunte debido al
crecimiento de empleo continuo, la confianza del consumidor
y el aumento de gastos. ¿Qué significa esto para los
profesionales de inmigración, profesionales, empleadores y
posibles empleados H-1B?
Suponiendo que la economía se lleva a cabo según lo
proyectado, es muy probable que veamos a una vez más,
como lo vimos en 2014, la lotería H-1B (técnicamente
denominado "Proceso de selección aleatorio") durante abril
del 2015. Para prepararse mejor para el límite de H-1B, este
artículo pretende resumir algunas sugerencias prácticas que
cada prospectivo empleador y empleado H-1B deben saber.
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.
PRESIDENT OBAMA'S EXECUTIVE ACTIONS - DACA,
DAPA AND PROVISIONAL WAIVER EXPANSION.
6. http://archive.constantcontact.com/fs147/1011188341227/archive/1120105126120.html[2/26/2015 11:35:22 AM]
- 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.