U.S. IMMIGRATION LAW NEWS AND UPDATES: New Trump Initiatives, AC-21 Updates, L-1A Functional Management Updates, DACA Termination Updates, NPZ Lawyers in India, Etc.

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Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. - U.S. and Canadian Immigration and
Nationality Law Newsletter and Updates.
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In This Issue:
NEW GUIDANCE MEMO
ON "FUNCTION
MANAGER" IN L-1
CLASSIFICATION.
USCIS GUIDANCE ON
DACA RENEWAL
REQUESTS AFFECTED
BY MAIL SERVICE
ISSUES.
EMPLOYERS THAT
HIRE ILLEGAL
IMMIGRANTS BEWARE:
ICE PLANS TO
INCREASE
PROSECUTIONS.
USCIS PROVIDES
GUIDANCE ON NOTICE
TO, AND STANDING
FOR, AC-21
BENEFICIARIES ABOUT
I-140 APPROVALS
BEING REVOKED
Dear Readers:
This month's E-zine is prepared while NPZ Immigration Lawyers are
making presentations and visiting the US Consulate Offices in India.
On this side there is a great concern and confusion about new Trump
Administration initiatives.
With DACA on the chopping block, a small "beam of light" was
shown with the USCIS' recent agreement to process cases that had
been timely filed (but delayed) because of delivery delays admitted by
USPS.
On the business immigration law front, we were provided this past
week with a policy guideline about the definition of "functional
manager" for the purposes of the L-1A intracompany transfer visa
as well as with an "adopted decision" requiring both the Petitioner
and the Beneficiary to be involved with the "mobility process" under
section 106 of AC-21.
As we slide into the US holiday season, we remind our readers to
start to plan for peak travel during the months of November through
February. Delays at the Consulate Offices throughout the world as

2. AFTER MATTER OF V-
S-G- INC.
HOW TO
SUCCESSFULLY
OVERCOME USCIS'
WAGE LEVEL I AND
SPECIALTY
OCCUPATION
REQUEST FOR
EVIDENCE.
USCIS PROVIDES
VIDEO ON THE
REVISED FORM I-485.
DOS VISA BULLETIN
FOR DECEMBER 2017:
DOS VISA BULLETIN
UPDATE - VISA
BULLETIN FOR
OCTOBER 2017 - IF
YOUR PRIORITY DATE
IS CURRENT, PLEASE
LET US KNOW?
WHAT IS AN
ADJUSTMENT OF
STATUS AND HOW DO
I SUBMIT A GREEN
CARD APPLICATION?
E-2 - O Visto Temporário
para Investidor.
ALL CASES BEING
INTERVIEWED!
PICTURES: The US
Immigration and
Nationality Lawyers at
NPZ gave presentations
in India.
NPZ Lawyers Meet with
Clients in India about
various business
immigration matters.
UPCOMING
EVENT:
CLE: U.S.
IMMIGRATION
LAW HOLIDAY
UPDATES:
SUMMER &
FALL 2017
IMMIGRATION
IN REVIEW
When:
well as at the Ports-of-Entry to the US should be anticipated given
the new and restrictive interpretations being rendered under the
"extreme vetting" process.
We remind our readers that we are US Immigration and Nationality
Lawyers and that if we can be of assistance to you, your family
members, your friends, or your colleagues, please feel free to send us
an e-mail at info@visaserve.com or call us at 201-670-0006
(x107).
NEW GUIDANCE MEMO ON "FUNCTION MANAGER"
DEFINITION IN THE L-1A INTRACOMPANY VISA
CLASSIFICATION.
A new policy memorandum (PM) designates the attached decision of
the Administrative Appeals Office (AAO) in Matter of G- Inc. as an
Adopted Decision. Accordingly, this adopted decision establishes
policy guidance that applies to and binds all U.S. Citizenship and
Immigration Services (USCIS) employees. USCIS personnel are
directed to follow the reasoning in this decision in similar cases.
Matter of G- Inc. clarifies that, to establish that a beneficiary will be
employed in a managerial capacity as a "function manager," the
petitioner must demonstrate that: (1) the function is a clearly defined
activity; (2) the function is "essential," i.e., core to the organization;
(3) the beneficiary will primarily manage, as opposed to perform, the
function; (4) the beneficiary will act at a senior level within the
organizational hierarchy or with respect to the function managed; and
(5) the beneficiary will exercise discretion over the function's day-to-
day operations.
At NPZ Law Group, we can guide and help organize the documents
that are accompanied with the L-1 visa RFEs. If you should have any
questions or need more information about the way that the U.S.
immigration and nationality laws may impact you, your family, your
friends or your colleagues, please contact the U.S. immigration and
nationality lawyers at the NPZ Law Group - VISASERVE - U.S.
Immigration and Nationality Lawyers by e-mailing us
at info@visaserve.com or by calling us at 201-670-0006 (x107) or
by visiting our Law Firm's website at www.visaserve.com
TO READ THE NEW GUIDANCE MEMO IN DETAIL, PLEASE
CLICK HERE . . .
USCIS GUIDANCE ON DACA RENEWAL REQUESTS
IMPACTED BY U.S. MAIL SERVICE ISSUES.
U.S. Citizenship and Immigration Services (USCIS) has received
reports that the U.S. Postal Service (USPS) has identified USPS mail
service delays that affected a number of DACA renewal
requests. Because the DACA policy has been rescinded and
individuals can no longer request deferred action under DACA, and in
light of the mail service delays identified by USPS, Acting Secretary
of Homeland Security Elaine Duke has directed USCIS to accept
DACA renewal requests from individuals who resubmit their DACA
renewal request with individualized proof that the request was
originally mailed in a timely manner and that the cause for receipt

3. December 13,
2017
Time: 12:00 PM
to 2:00 PM
Where: Bergen
County Bar
Association
READ MORE. . .
----------------
- - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
after the October 5th, 2017, deadline was the result of USPS mail
service error.
Affected DACA requestors who do not have such proof may contact
USPS, which will review the cases on an individual basis and
provide a letter if appropriate. USCIS will not accept requests that do
not include individualized proof that the request was originally mailed
in a timely manner to be received by the October 5th deadline, and
that the cause for receipt after the October 5th, 2017, deadline was
the result of USPS mail service error.
TO READ MORE, PLEASE CLICK HERE . . .
EMPLOYERS THAT HIRE ILLEGAL IMMIGRANTS
BEWARE: ICE PLANS TO INCREASE PROSECUTIONS.
What are the penalties for hiring illegal immigrants?
Employers across the country need to be aware that the U.S.
Immigration and Customs Enforcement has announced its intention to
increase the number of employers it prosecutes for hiring illegal
immigrants. Employees who are here illegally are also at risk. The
acting ICE Director, Thomas Homan, has stated that workplace
immigration enforcement efforts will rise to four to five times the
current level. Employers should take steps to protect themselves
from potential ICE action by ensuring they comply with employment
based immigration laws.
To identify employers who are engaging in illegal hiring practices,
ICE will conduct more I-9 audits. With an I-9 form, the government
can verify the identity of an employee and their employment
authorization. Evidence collected from I-9s and other sources can
potentially lead to prosecution of employers who hire illegal workers
and employees here unlawfully.
TO READ MORE, PLEASE CLICK HERE . . .
USCIS PROVIDES GUIDANCE ON NOTICE TO, AND
STANDING FOR, AC-21 BENEFICIARIES ABOUT I-140
APPROVALS BEING REVOKED AFTER MATTER OF V-
S-G- INC.
On November 11th, 2017, USCIS issued a policy memo with
guidance on the implementation of the AAO adopted decision
in Matter of V-S-G- Inc. USCIS will now inform the beneficiary of
petitions in certain circumstances including when a notice of intent to
revoke is issued. Guidance is effective immediately, and supersedes
any existing guidance on this issue.
Now, when USCIS sends a notice of intent to revoke (NOIR) an
approval or notice of revocation (NOR) for a Form I-140 (Immigrant
Petition for Alien Worker) to the original petitioning employer,
USCIS will also inform the beneficiary of that petition in certain
circumstances. Beneficiaries will receive such notice in cases where
they have filed a Form I-485 (Application to Register Permanent
Residence or Adjust Status) and that I-485 has been pending for 180
days or more and they have already properly requested to port to a
new employer.

4. OUR OFFICES*:
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JERSEY OFFICE:
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Phone: 201-670-0006
(x107)
Please feel free to ask
about our presence in
Boston, MA. and in
Chicago, IL.
* Please note that our
immigration law
practice is national and
international in scope.
We assist our clients
throughout the U.S. and
throughout the world.
OUR NEW -
CENTRAL NEW
JERSEY OFFICE:
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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,
As of January 17th, 2017, eligible beneficiaries must notify USCIS
of their intent to port to new employment by filing a Supplement J to
Form I-485. USCIS will adjudicate and must make a favorable
determination concerning the beneficiary's porting eligibility in order
for the beneficiary to be eligible to receive notices of an intent to
revoke or of a revocation. These beneficiaries may file an appeal of
or a motion on an adverse decision as an affected party.
TO READ MORE, PLEASE CLICK HERE . . .
HOW TO SUCCESSFULLY OVERCOME USCIS' WAGE
LEVEL I AND SPECIALTY OCCUPATION REQUEST
FOR EVIDENCE.
The first time Wage Level I RFEs were reported were in early June
2017 and targeted H-1B petitions filed in April 2017 under the
annual H-1B cap. Initially, most of the RFEs were issued by the
Vermont Service Center although it appears that California is also
catching up and issuing their own version of this RFE. The Wage
Level I RFEs seem to raise some kind of variation of the arguments
that:
(1) The duties described in the petition appear to go beyond entry-
level position and, as a result, the LCA with its Wage Level I salary
does not appear to match the position; and/or
(2) A position described in Wage Level 1 LCA is not specialty
occupation because it is entry-level position where a bachelors
degree is not normally required for entry into the occupation.
While we do not know the exact number of such RFEs issued over
the last few months, anecdotal evidence and reports point to
thousands (if not tens of thousands?) of such RFEs issued and
outstanding.
TO READ MORE, PLEASE CLICK HERE . . .
USCIS PROVIDES A HELPFUL VIDEO ON THE
REVISED FORM I-485.
USCIS provided a helpful video about the revised Form I-485,
Application to Register Permanent Residence or Adjust Status, and
Form instructions. The video demonstrates recent updates to the Form
and Form instructions that will make it easier to complete the form.
TO VIEW THE VIDEO, PLEASE CLICK HERE . . .
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR
DECEMBER 2017 - IF YOUR "PRIORITY DATE" IS
CURRENT PLEASE LET US KNOW?
Employment Fourth Preference Certain Religious Workers (SR):
Pursuant to the continuing resolution, signed on September 8th, 2017,
the non-minister special immigrant program expires on December 8,
2017. No SR visas may be issued overseas, or final action taken on
adjustment of status cases, after midnight December 7th, 2017.

5. 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).
- - - - - - - - - - -
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.
- - - - - - - - - - - -
Shekhar Raj Sharma
SRS Legal
A1/134, Safdurjung
Enclave,
Lower Ground Floor
New Delhi-29, India
(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)
Visas issued prior to this date will only be issued with a validity date
of December 7, 2017, and all individuals seeking admission as a
non-minister special immigrant must be admitted (repeat, admitted)
into the U.S. no later than midnight December 7th, 2017.
The final action date for this category has been listed as "Current"
for December for all countries except El Salvador, Guatemala,
Honduras, and Mexico, which are subject to specific final action
dates for December. If there is no legislative action extending this
category for FY-2018, the final action date would immediately
become "Unavailable" for December for all countries
effective December 8, 2017.
Employment Fifth Preference Categories (I5 and R5): The continuing
resolution signed on September 8th, 2017 extended this immigrant
investor pilot program until December 8th, 2017. The I5 and R5
visas may be issued until close of business on December 8th, 2017,
and may be issued for the full validity period. No I5 or R5 visas may
be issued overseas, or final action taken on adjustment of status
cases, after December 8th, 2017.
The final action dates for the I5 and R5 categories have been listed
as "Current" for December for all countries except China-mainland
born, which is subject to a July 15th, 2014 final action date. If there
is no legislative action extending them for FY-2018, the final action
dates would immediately become "Unavailable" for December for all
countries effective December 9th, 2017.
TO READ MORE, PLEASE CLICK HERE . . .
WHAT IS AN ADJUSTMENT OF STATUS AND HOW DO
I SUBMIT A GREEN CARD APPLICATION?
Generally, a person who wants to apply for green card status as a
legal permanent resident (a green card) in the United States must be
in his or her home country to process the application. However, this
can be a problem for people who have already arrived in the United
States legally. For example, for people who have arrived as refugees,
someone's fiancée, or on a work visa, returning to their native land
can represent a serious and sometimes dangerous disruption to their
lives. For people in such circumstances, an "adjustment of status"
or "application for lawful permanent residence (LPR)"can be a good
solution. An adjustment of status allows a person who is already
present in the United States to apply for legal permanent residence
without returning to his or her home country.
Who is eligible for an adjustment of status?
Determining eligibility for an adjustment of status is a complicated
process. To begin, only a person who would already be eligible for
legal permanent residence can apply for an adjustment. As noted
above, this can encompass a wide variety of people, including
refugees, family members of US residents, workers, and victims of
crime, trafficking, or abuse. You also must have filed an application
for legal permanent residence, which typically requires a "sponsor"
to file the documents on your behalf. Finally, applications for an
adjustment of status are typically not accepted until there are visas

6. available in the category for which a person is applying. The best
option for you is to talk with an experienced immigration
lawyer before you do anything.
TO READ MORE, PLEASE CLICK HERE . . .
NPZ ASSISTS THE GREATER BRAZILIAN
AND PORTUGESE COMMUNITY - OUR
STAFF SPEAKS PORTUGUESE AND
MANY OTHER LANGUAGES.
E-2 - O Visto Temporário para Investidor
Quem se enquadra para solicitar o visto E-2?
O visto de investidor E-2 permite que indivíduos qualificados entrem
e trabalhem nos Estados Unidos para participar de um investimento
significativo. Os vistos de investidor são disponibilizados apenas
para indivíduos que imigram de certos países com os quais os EUA
possuem tratados de comércio e navegação.
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 . . .
Nachman Phulwani Zimovcak Law Group
YOUTUBE Video Library. U.S. Immigration and
Naturalization Assistance is only one "click"
away!
ALL CASES BEING INTERVIEWED!

7. PICTURES: The US Immigration and Nationality Lawyers
at NPZ gave a presentation this evening in Ahmedabad,
India for IACC.
The US Immigration and Nationality Lawyers at NPZ gave a
presentation this evening inAhmedabad, India for IACC about US
immigration law updates in the new Trump Era, Extreme Vetting as
well as the EB-5 investor visa and the L-1A new company visa
process.
The focus was to explain ways in which businesses can be
transferred to the United States.
TO READ MORE, PLEASE CLICK HERE . . .
NPZ Lawyers Meet with Clients in India about various
business immigration matters.