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.

1. http://archive.constantcontact.com/fs147/1011188341227/archive/1118827573148.html[11/3/2014 1:41:55 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.
WHAT HR MANAGERS
AND BUSINESS
OWNERS NEED TO
KNOW ABOUT
"ONBOARDING" NEW
H-1B EMPLOYEES?
H-1B VISA UPDATE:
POWERPOINT WITH
APPLICATION FILING
TIPS FROM THE
USCIS.
DACA UPDATE: AS
DACA RENEWALS
ROLL-IN, MANY
CONSIDER DACA
ELIGIBLE FINANCIAL
AID FAQs.
FAMILY-BASED
IMMIGRATION
UPDATE:
IMMIGRATION
Dear Readers:
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 first case is Mellouli v. Holder. Mellouli vs. Holder
involves whether a noncitizen - even a green card holder - can
be mandatorily detained and deported for possessing drug
paraphernalia. The Defendant, Moones Mellouli, is a lawful
permanent resident who earned two master's degrees and
worked as an actuary. He was convicted of a Kansas
misdemeanor offense, "possession of drug paraphernalia," a
charge that did not make reference to a controlled substance. In
fact, his conduct would not constitute a crime under federal law
and would not constitute a crime in many States. Nonetheless,
ICE arrested Mellouli and sought to deport him for violating a
State Law relating to a controlled substance.
This case shows the harshness of DHS' interpretation of
immigration laws, under which minor offenders are
mandatorily detained and deported without a chance to argue
their individual circumstances. Immigrants in recent years have
successfully convinced the Supreme Court to rule against DHS
regarding overreaching statutory interpretations of other
crimmigration statutes.
The second case, Kerry v. Din, addresses the doctrine of
"consular nonreviewability." This is the concept pursuant to
which the U.S. State Department (DOS) Consular Officials'

2. http://archive.constantcontact.com/fs147/1011188341227/archive/1118827573148.html[11/3/2014 1:41:55 PM]
ASPECTS OF
MARRYING A
FOREIGN NATIONAL.
E-VERIFY UPDATE:
USCIS OFFERS A NEW
E-VERIFY SERVICE TO
SHIELD EMPLOYEES
FROM FRAUD &
IDENTITY THEFT.
RELIGIOUS WORKER
UPDATE:
POWERPOINT
PRESENTATION WITH
AN OVERVIEW ABOUT
THE RELIGIOUS
WORKER VISA.
VISA BULLETIN FOR
NOVEMBER IS OUT!!!
CANADA'S
INTERNATIONAL
MOBILITY PROGRAM
(IMP).
ATTENTION AUX
FRANCAIS!: Canada is
Seeking to Attract
French Speaking
Workers.
DIVERSITY VISA
LOTTERY 2016.
ONBOARDING H-1B
VISA BENEFICIARIES
EFFECTIVE ON
OCTOBER 1ST.
HAPPY DIWALI.
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.
decisions regarding immigration law are shielded from scrutiny
by the courts. In fact, even when immigration officials grant a
visa petition, the DOS can still deny the actual visa.
In Kerry vs. Din, the government denied a U.S. citizen's visa
petition that she filed for her husband. The government is
arguing that the U.S. citizen does not have the ability to
challenge the consulate's decision. Kerry vs. Din will decide if
judicial review is crucial to ensure that over-reaching
government decision-making is corrected.
For more information about U.S. or Canadian Immigration and
Nationality Law, we invite you to contact any of the
immigration and nationality lawyers at Nachman Phulwani
Zimovcak (NPZ) Law Group, P.C. by e-mailing us at
info@visaserve.com or by calling us at 201-670-0006 (x107).
WHAT HR MANAGERS AND BUSINESS OWNERS
NEED TO KNOW ABOUT "ONBOARDING" NEW H-1B
EMPLOYEES? By: Michael Phulwani, Esq., David H.
Nachman, Esq., and Rabindra K. Singh, Esq.
October 1st marks the beginning of the "onboarding" of new H-1B
employees at many companies throughout the United States. Winning
the lottery and having H-1B Petitions approved by United States
Citizenship and Immigration Services (USCIS)[1] were just two initial
steps involved in the hiring and retaining process of talented foreign
nationals in the United States.
Carefully onboarding the H-1B employee is as crucial as selecting,
hiring and bringing them into the United States (or assisting in
changing their nonimmigrant status in the United States). This article
briefly addresses few very basic but very important topics that HR
Managers, HR Professionals and Business Owners should be aware
of, and religiously comply with, in order to avoid potential pitfalls
pertaining to the onboarding of new H-1B employees.
TO READ MORE OF THIS INTERESTING H-1B ARTICLE, PLEASE
CLICK HERE . . .
H-1B VISA UPDATE: POWERPOINT WITH
APPLICATION FILING TIPS FROM THE USCIS.
With the onboarding of H-1B employees after October 1st, all eyes will
slowly turn to the coming 2015 H-1B visa filing deadline on April 1st.
Recently the USCIS released an updated H-1B visa application filing
tip powerpoint presentation that covers many basic points that need to
be considered to avoid RFE's and to get an H-1B petition successfully
approved.
TO READ THE "H-1B FILING TIPS" POWERPOINT PRESENTATION
FROM USCIS , PLEASE CLICK HERE . . .
DACA UPDATE: AS DACA RENEWALS ROLL-IN,
MANY CONSIDER DACA ELIGIBLE FINANCIAL AID
FAQs.
Many undocumented students, including DACA eligible applicants and
Dreamers, have questions regarding their eligibility for Student

3. http://archive.constantcontact.com/fs147/1011188341227/archive/1118827573148.html[11/3/2014 1:41:55 PM]
David Nachman, Esq.,
Ludka Zimovcak, Esq.
and Michael Phulwani,
Esq., your Immigration
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.
Administrative
Process (Change
for Immigration
laws)
- Teaneck
International Film
Festival
- Administrative
Process (change for
immigration laws):
1. Expanding
Deferred Action.
a) Applying directly
to the local office, not
necessarily a last
resort
b) Humanitarian
reasons.
c) Policy should set
specific criteria to
make it easier to
Financial Aid for their college tuition fees. Questions like . . . "Do I
qualify for Federal student aid?" or "Do i qualify for state or college
financial aid"? . . . come to the forefront.
PLEASE CLICK HERE TO REVIEW THE FAQs RELATED TO DACA
BENEFICIARIES' COLLEGE FINANCIAL AID . . .
FAMILY-BASED IMMIGRATION UPDATE:
IMMIGRATION ASPECTS OF MARRYING A
FOREIGN NATIONAL.
As a law abiding citizen, you have the right to bring your spouse to
America, but it is not easy to get a Marriage Visa/Spousal Visa. The
laws have changed dramatically over the years; the government has
made it even more difficult and time-consuming for couples to begin
their lives together.
The process is so demanding that even the smallest mistake in this
process can result in delay, denial, and/or removal. NPZ Law Group,
P.C's Managing Attorneys present an interesting webinar on this topic
that captures all the information an individual needs to know regarding
the "immigration aspects of marrying a foreign national".
TO VIEW THE WEBINAR POWERPOINT PRESENTATION, PLEASE
CLICK HERE . . .
E-VERIFY UPDATE: USCIS OFFERS A NEW E-VERIFY
SERVICE TO SHIELD EMPLOYEES FROM FRAUD &
IDENTITY THEFT.
U.S. Citizenship and Immigration Services (USCIS) Director León
Rodríguez announced the launch of myE-Verify - a new website
designed for employees. myE-Verify is a one-stop shop for employees
to create and maintain secure personal accounts and access new
features for identity protection.
myE-Verify gives workers a free and secure way to participate in the E-
Verify process by accessing features dedicated for employees,
including Self-Check and the Employee Rights Toolkit. For added
security, individuals will have their identities verified through Self-
Check, in order to create a myE-Verify account.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
RELIGIOUS WORKER UPDATE: POWERPOINT
PRESENTATION WITH AN OVERVIEW ABOUT THE
RELIGIOUS WORKER VISA PROGRAM.
Generally, a citizen of a foreign country who wishes to enter the United
States must first obtain a visa, either a nonimmigrant visa for
temporary stay, or an immigrant visa for permanent residence.
Temporary religious worker (R-1) visas are for persons who want to
enter the United States to work temporarily in religious capacities. On
October 10th, 2014, USCIS shared a powerpoint presentations about
religious workers from a USCIS teleconference, including petitioner
and beneficiary evidentiary requirements, self-supporting R-1s, R-1

4. http://archive.constantcontact.com/fs147/1011188341227/archive/1118827573148.html[11/3/2014 1:41:55 PM]
qualify.
2. Parole-In-Place
3. Counting of Visa
numbers.
a) Derivatives are
currently counted in
visa categories.
b) Derivatives should
be counted separate.
c) Retroactive
counting of numbers.
4. Definition of
Extreme Hardship.
a) Liberalize the
definition of extreme
hardship.
5. Possibility of
extending or creating
a new 245(i)
program.
=============
UPCOMING EVENT
SHRM
CONVENTION:
EMPLOYER'S I-9
AUDIT UPDATE
When:
October, 21st, 2014 at
9:45 AM
Where:
Atlantic City
Convention Center,
Atlantic City, NJ
Speakers:
David H. Nachman,
Esq. and Workplace
Enforcement ICE
Officer will present.
For detailed
information about
NPZ's immigration
law events, please
click here . . .
*******
Quick Links
extension requirements, R-1 dependents, Special Immigrant Religious
worker visas, site inspections, expedite requests, common filing
issues, and other helpful filing tips.
TO VIEW THE RELIGIOUS WORKER VISA PRESENTATION,
PLEASE CLICK HERE . . .
VISA BULLETIN FOR NOVEMBER IS OUT!!!
The Department of State (DOS) released its November 2014 Visa
Bulletin. It is the second month in the fiscal year. The Philippines EB-3
again had a substantial progression. It is now at June 2012, which is a
five year jump since March 2014. It remains consistent with the "All
Other" EB-3 date.
India EB-2 dramatically retrogressed from May 2009 to February 2005.
India EB-3 remains stuck in November 2003. The Chinese EB-3 quote
number continued to move inconsistently and it is now at January 2010
which is more favorable than China EB-2.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
CANADIAN IMMIGRATION LAW
UPDATES: NPZ NEWS FROM
NORTH OF BORDER.
CANADA'S INTERNATIONAL MOBILITY PROGRAM
(IMP).
A new addition to the TFWP is the International Mobility Program (IMP).
This program allows foreign nationals to be LMIA-exempt. The IMP's
primary objective is to advance Canada's broad economic and cultural
national interest.
As a result, this program is not based on filling particular jobs or
meeting employer demands. Rather, this program encompasses
multilateral/bilateral agreements with other countries (e.g. NAFTA,
GATS). Additionally, these workers are primarily highly-skilled workers
with high wages from developed countries (i.e., the U.S.).
TO READ MORE, PLEASE CLICK HERE . . .
ATTENTION AUX FRANCAIS!: Canada is Seeking to
Attract French Speaking Workers.
Canada is a bilingual country. All English speaking provinces (outside
of Québec) must also provide some services, by law, in French.
English Canada is thus looking to increase its French-Speaking
population, and in order to attract French-speaking foreign nationals
("Francophones"), it has announced some very new and interesting
immigration laws.
TO READ MORE, PLEASE CLICK HERE . . .
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE

5. http://archive.constantcontact.com/fs147/1011188341227/archive/1118827573148.html[11/3/2014 1:41:55 PM]
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
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
DIVERSITY VISA LOTTERY 2016 UPDATE. IF YOU
ARE NOT IN IT YOU CANNOT WIN IT!
The 2016 Diversity Visa Program (DV-2016) will open at noon, Eastern
Daylight Time (EDT) (GMT-4), Wednesday, October 1, 2014, and will
close at noon, Eastern Standard Time (EST), Monday, November 3,
2014. Applicants must submit entries electronically during this
registration period using the electronic DV entry form (E-DV) at
dvlottery.state.gov. Paper entries will not be accepted. All entrants
must print and retain their online confirmation page after completing
their DV entries so that they will be able to check their entry status. We
strongly encourage applicants not to wait until the last week of the
registration period to enter. Heavy demand may result in website
delays. No entries will be accepted after noon EST on November 3,
2014.
ONBOARDING H-1B VISA BENEFICIARIES
EFFECTIVE ON OCTOBER 1ST.
- consider form I-9 (update); check with the international student officer
about SEVIS; start within 60 days says department of labor; other labor
and employment considerations for new employees; consider starting
the green card as soon as possible for visa backlog county foreign
nationals; New employees to consider benching issues and visa issues

6. http://archive.constantcontact.com/fs147/1011188341227/archive/1118827573148.html[11/3/2014 1:41:55 PM]
- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
and visa stamping if you do not have it; NPZ can assist with consular
processing for visa stamping.
-Be sure to pay the H-1B the prevailing wage specified on the LCA.
May the festival of lights be the harbinger of joy and
prosperity. As the holy occasion of Diwali is here and the
atmosphere is filled with the spirit of mirth and love, here's
hoping this festival of beauty brings your way, bright
sparkles of contentment, that stay with you through the
days ahead.
Best wishes on Diwali and New year.