U.S. IMMIGRATION LAW NEWS AND UPDATES: International Entrepreneurs, New I-129S Form, Avoid payment scams, SEVP policy, OSC updates, Visa Bulletin Update.
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.
Similar to U.S. IMMIGRATION LAW NEWS AND UPDATES: International Entrepreneurs, New I-129S Form, Avoid payment scams, SEVP policy, OSC updates, Visa Bulletin Update.
Similar to U.S. IMMIGRATION LAW NEWS AND UPDATES: International Entrepreneurs, New I-129S Form, Avoid payment scams, SEVP policy, OSC updates, Visa Bulletin Update. (20)
U.S. IMMIGRATION LAW NEWS AND UPDATES: International Entrepreneurs, New I-129S Form, Avoid payment scams, SEVP policy, OSC updates, Visa Bulletin Update.
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Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. - U.S. and Canadian Immigration and
Nationality Newsletter and Update.
In This Issue:
U.S. IMMIGRATION LAW
ALERT: USCIS
PROPOSES RULE TO
WELCOME
INTERNATIONAL
ENTREPRENEURS.
THE ONLY THING THAT
REMAINS THE SAME IS
"CHANGE": NEW FORM I-
129S FOR
INTRACOMPANY
TRANSFEREES REQUIRED
FOR L-1 BLANKET
PETITIONS AFTER
AUGUST 29th, 2016.
AVOID PAYMENT SCAMS:
USCIS DOES NOT
ACCEPT FEES BY PHONE
OR E-MAIL.
USCIS ASSISTS IN $20
MILLION VISA FRAUD
INVESTIGATION.
SEVP POLICY GUIDANCE
ON FORM I-20 STUDENT
AND DEPENDENT
PERSONAL
Dear Readers:
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.
Under current immigration law, Department of Homeland Security
(DHS) has discretionary authority to grant parole on a case-by-
case basis to individuals who offer a "significant public benefit."
Under the proposed rule, an entrepreneur of a start-up company
could be paroled into the United States for up to two years if he or
she provides a "significant public benefit" by advancing the U.S.
economy, enhancing innovation, generating capital investments,
and creating jobs. Each applicant would be required to show the
start-up was created in the last three years and the applicant
retains a substantial ownership interest and an active, central role
in the start-up's day-to-day operations.
Upon being granted parole, the entrepreneur would be authorized to
work only for the start-up and could be accompanied by his or her
spouse and unmarried children under 21 years old. The spouse also
could receive work authorization. However, parole does not confer
any legal immigration status and does not provide a parolee with
temporary nonimmigrant status or lawful permanent resident
2. INFORMATION.
OSC UPDATES
EDUCATIONAL VIDEO ON
TPS WORK
AUTHORIZATION FOR
SALVADORANS.
DOS UPDATE: VISA
BULLETIN FOR
SEPTEMBER 2016.
WHAT YOU NEED TO
KNOW ABOUT STUDENT
VISAS TO H-1B VISAS
AND H-1B FILINGS.
FAMILY-BASED
IMMIGRANT VISA |
SPONSORING MARRIED
SON OR DAUGHTER OF
U.S. CITIZEN PARENTS.
PRESS RELEASE FROM
NACHMAN PHULWANI
ZIMOVCAK (NPZ) LAW
GROUP, P.C. - 23RD
EDITION OF THE BEST
LAWYERS® SELECTS
MANAGING ATTORNEY,
DAVID H. NACHMAN,
ESQ., AS ONE OF THE
"BEST LAWYERS IN
AMERICA".
HAPPY LABOR DAY!!!
*********
UPCOMING
EVENT
FORM I-9
OVERVIEW AND
UPDATES:
AVOIDING ICE
INVESTIGATIONS
AND AUDITS.
Where:
GSC-SHRM
1 Convention
Boulevard
Atlantic City, New
Jersey 08401
When: September
status. The opportunity for parole would be available to both
foreign nationals who are outside of the U.S. and those within the
U.S., although the proposed rule does not specify whether
entrepreneurs who are out of status may apply.
We remind our readers that the Nachman Phulwani Zimovcak
(NPZ) Law Group has U.S. and Canadian immigration and
nationality lawyers and immigration attorneys who help clients
with a variety of immigration and nationality law services. The
NPZ Law Group staff stands ready, willing and able to assist
you, your friends, your family and/or your staff to obtain the best
immigration law results. Please feel free to contact us
at info@visaserve.com or you can call our offices at 201-670-
0006 (x107).
U.S. IMMIGRATION LAW ALERT: USCIS PROPOSES
LONG OVERDUE RULE TO WELCOME
INTERNATIONAL ENTREPRENEURS.
U.S. Citizenship and Immigration Services (USCIS) is proposing a
new rule, which would allow certain international entrepreneurs to
be considered for parole (temporary permission to be in the United
States) so that they may start or scale their businesses here in the
United States.
Read the advance version of the notice of proposed rulemaking:
International Entrepreneur Rule. Once the notice of proposed
rulemaking is published in the Federal Register, the public will
have 45 days from the date of publication to comment.
"America's economy has long benefited from the contributions of
immigrant entrepreneurs, from Main Street to Silicon Valley," said
Director León Rodríguez. "This proposed rule, when finalized, will
help our economy grow by expanding immigration options for
foreign entrepreneurs who meet certain criteria for creating jobs,
attracting investment and generating revenue in the U.S."
TO READ MORE, PLEASE CLICK HERE . . .
THE ONLY THING THAT REMAINS THE SAME IS
"CHANGE": NEW FORM I-129S FOR
INTRACOMPANY TRANSFEREES REQUIRED FOR
BLANKET PETITIONS AFTER AUGUST 29th, 2016.
The United States Citizenship and Immigration Services ("CIS")
recently promulgated a revised Form I-129S, NONIMMIGRANT
PETITION BASED ON BLANKET L PETITION. CIS announced
that this document must be used exclusively in applications filed
with after August 29th and the U.S. Department of State ("DOS")
has confirmed that applicants for Blanket L-1 petition
classification at United States consulates abroad must present the
new document at interviews scheduled after August 29th, 2016.
Thus, any individuals who have a Blanket L petition and
supporting documents using the current I-129s Form must apply
for a visa prior to August 29th or update their presentations with
the new form. Most of the changes to the new I-129s Form are
cosmetic but there are some significant differences.
3. 26th, 2016 at 1:30
PM
Please contact us at
infor@visaserve.com for
more information.
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On the new I-129s Form, more detail is required as to the
specifics of prior employment, including listing dates of
employment and the proposed salary. It also requires the employer
to identify "the percentage of time the beneficiary will spend
performing the duties on a daily basis in the proposed U.S.
position." At this point it is not clear how detailed this breakdown
needs to be.
TO READ MORE, PLEASE CLICK HERE . . .
AVOID PAYMENT SCAMS: USCIS DOES NOT
ACCEPT FEES BY PHONE OR E-MAIL
Immigrants all over the country are being targeted in scams. Don't
be one of the victims! Scammers may call or email you, pretending
to be a government official. They will say that there is a problem
with an application or additional information is required to
continue the immigration process. They will then ask for personal
and sensitive details, and demand payment to fix any problems.
Remember, USCIS officials will never ask for payment over the
phone or in an email. If USCIS need payment, USCIS will mail a
letter on official stationery requesting payment.
If you receive a scam e-mail or phone call, report it to the Federal
Trade Commission at http://1.usa.gov/1suOHSS. If you are not
sure if it is a scam, forward the suspicious email to the USCIS
Webmaster at uscis.webmaster@uscis.dhs.gov. USCIS will
review the e-mails received and share with law enforcement
agencies as appropriate.
FOR INFORMATION, PLEASE CLICK HERE . . .
USCIS ASSISTS IN $20 MILLION VISA FRAUD
INVESTIGATION CONCERNING H-1B VISAS.
U.S. Citizenship and Immigration Services assisted with an
investigation that has led to Raju Kosuri, 44, and Smriti Jharia,
45, a married couple from Ashburn, pleading guilty to charges of
conspiracy to defraud the United States and visa fraud, among
other charges.
Kosuri and Jharia were indicted on April 27th. According to the
statement of facts filed with the plea agreement, Kosuri, Jharia,
and their co-conspirators fraudulently applied for more than 900
illegal immigration benefits under the H-1B visa program. Since
2008, and at a much greater scale since 2011, Kosuri has built a
staffing business that amounts to a visa-for-sale system, which
violates federal law. Kosuri and Jharia also admitted to defrauding
the Small Business Administration (SBA) in connection with a
scheme to obtain HUBZone certification for a business named
EcomNets Federal Solutions. Kosuri agreed to forfeit proceeds of
his fraud schemes in the amount of $20,900,000.
TO READ MORE, PLEASE CLICK HERE . . .
SEVP POLICY GUIDANCE ON FORM I-20 STUDENT
4. 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
AND DEPENDENT PERSONAL INFORMATION.
On August 31st, 2016, ICE issued SEVP interim final policy
guidance for adjudicators on the regulations and process for
designated school official issuance of Forms I-20, "Certificate of
Eligibility for Nonimmigrant Student Status," to F and M
nonimmigrants. DSOs must comply with relevant federal
regulations and should comply with the guidance interpretation of
them to fulfill their responsibilities to the U.S. Department of
Homeland Security (DHS). Where more restrictive, adjudicators
should ensure that DSOs comply with school policies.
FOR INFORMATION, PLEASE CLICK HERE . . .
OSC UPDATES EDUCATIONAL VIDEO ON TPS
WORK AUTHORIZATION FOR SALVADORANS.
USCIS has automatically extended the validity of employment
authorization documents issued under the last extension/designation
of TPS El Salvador for an additional 6 months, through March 9th,
2017. If you have a TPS El Salvador EAD with an original
expiration date of September 9th, 2016, you are covered by this
automatic extension and may continue to work. For more
information on TPS eligibility requirements, what to file, and step
by step instructions go to http://www.uscis.gov/tps.
TO VIEW THE VIDEO, PLEASE CLICK HERE . . .
DOS UPDATE: VISA BULLETIN FOR SEPTEMBER
2016. CHECK TO SEE IF YOUR PRIORITY DATE IS
CURRENT. IF SO, PLEASE LET US KNOW.
DOS reports that the infusion of FY 2017 visa numbers will make
EB-4 India and EB-4 Mexico current in October. The final action
date for EB-4 El Salvador / Guatemala / Honduras should move to
a date sometime in the summer of 2015, and possibly beyond.
Given the high applicant demand in this category for El Salvador
relative to the other two countries, it is possible that we will see a
more advanced final action date for Guatemala and Honduras.
Read more . . .
TO READ MORE, PLEASE CLICK HERE . . .
CHECKOUT VISASERVE'S REGULARLY
UPDATED YOUTUBE VIDEO LIBRARY
(SOME SELECTIONS BELOW) ABOUT U.S.
AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" -
NPZ'S NEW PRACTICAL SERIES ON
YOUTUBE ABOUT VARIOUS U.S. AND
CANADIAN IMMIGRATION LAW ISSUES.
Check us out at . . .
5. - - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
OUR OFFICES:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006
(x107)
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
INDIA AFFILIATED
OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
ATT: Call Kaival at x107
(This office provides "on
the ground" services to
our Indian clients such as
India Divorce, India Real
Estate Purchase and
Sale, Business Sale
Purchase, Adoption,
Litigation and High Court
Complaints).
https://www.youtube.com/watch?
v=3Crfb5L_vlo
CHECK OUT OUR LAW FIRM'S INSTRUCTIVE
IMMIGRATION LAW VIDEOS: WHAT YOU NEED TO
KNOW ABOUT SWITCHING STUDENT VISAS TO H-
1B VISAS AND H-1B FILINGS.
Which petitions and beneficiaries qualify for a F-1 visa to H-1B
visa cap gap extension ?
H-1B petitions must be timely filed on behalf of an eligible F-1
student. Timely filed means that the H-1B application (indicating
change of status rather than consular processing) was filed during
the H1B acceptance period, while the student's authorized duration
of status (D/S) admission was still in effect (including any period
of time during the academic course of study, any authorized
periods of post-completion OPT, and the 60-day departure
preparation period, commonly known as the grace period.)
Once a timely filing has been made, the automatic cap gap
extension will begin and will continue until the H-1B process has
been completed. If the F-1 student's H-1B petition is selected and
approved, the student's extension will continue through September
30th unless the petition is denied or revoked. If the student's H-1B
petition is not selected, the student will have the standard 60-day
grace period from the date of the rejection notice to prepare for and
depart the United States. Students are strongly encouraged to stay
in close communication with their petitioning employer during the
cap gap extension period for status updates on the H-1B petition
processing. A Form I-797, Notice of Action, with a valid receipt
number, is evidence that the petition was filed and accepted.
FCHECK OUT OUR INSTRUCTIVE IMMIGRATION
LAW VIDEO: FAMILY-BASED IMMIGRANT VISA |
SPONSORING MARRIED SON OR DAUGHTER OF A
U.S. CITIZEN PARENTS.
6. - - - - - - - - - - -
Law Office of Michael
Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
Call us at 201-670-0006
(x104) for contact details.
FAMILY-BASED IMMIGRANT VISA - SPONSORING
MARRIED SON OR DAUGHTER OF A U.S. CITIZEN
PARENTS. DOES MARRIAGE CHANGE A CASE?
Two groups of family based immigrant visa categories, including
immediate relatives and family preference categories, are provided
under the provisions of United States immigration law,
specifically the Immigration and Nationality Act (INA).
Immediate Relative Immigrant Visas (Unlimited): These visa types
are based on a close family relationship with a United States
(U.S.) citizen described as an Immediate Relative (IR). The number
of immigrants in these categories is not limited each fiscal year.
Immediate relative visa types include:
IR-1: Spouse of a U.S. Citizen - Learn More
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
IR-3: Orphan adopted abroad by a U.S. Citizen - Learn More
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen - Learn
More
IR-5: Parent of a U.S. Citizen who is at least 21 years old
Family Preference Immigrant Visas (Limited): These visa types
are for specific, more distant, family relationships with a U.S.
citizen and some specified relationships with a Lawful Permanent
Resident (LPR). There are fiscal year numerical limitations on
family preference immigrants, shown at the end of each category.
The family preference categories are:
Family First Preference (F1): Unmarried sons and daughters of
U.S. citizens, and their minor children, if any. (23,400)
Family Second Preference (F2): Spouses, minor children, and
unmarried sons and daughters (age 21 and over) of LPRs. At least
seventy-seven percent of all visas available for this category will
go to the spouses and children; the remainder is allocated to
unmarried sons and daughters. (114,200)
Family Third Preference (F3): Married sons and daughters of U.S.
citizens, and their spouses and minor children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of U.S.
citizens, and their spouses and minor children, provided the U.S.
citizens are at least 21 years of age. (65,000)
Note: Grandparents, aunts, uncles, in-laws, and cousins cannot
sponsor a relative for immigration.
PRESS RELEASE FROM NACHMAN PHULWANI
7. ZIMOVCAK (NPZ) LAW GROUP, P.C. - 23RD
EDITION OF THE BEST LAWYERS® SELECTS
MANAGING ATTORNEY, DAVID H. NACHMAN,
ESQ., AS ONE OF THE "BEST LAWYERS IN
AMERICA".
Best Lawyers have released the 23rd
Edition of the "Best Lawyers in America".
David Nachman, Esq., one of the
Managing Attorneys at the Nachman
Phulwani Zimovcak (NPZ) Law Group,
P.C., have been selected by his peers as
being among one of the "Best Lawyers in
America" in the practice area of U.S.
Business Immigration and Nationality
Laws. He is humbled by this recognition.
TO READ MORE, PLEASE CLICK HERE . . .