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.
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.
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.
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
In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.
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
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.
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.
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
In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.
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: 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
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.
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?
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 . . .
How Trump's Administrative Impacts Workplace ImmigrattionWorkology
Immigration is changing especially in light of President Donald Trump's new administration. Get insights into how he is changing visas and immigration, specifically the H-1B visa. Recruiting is changing. In this webinar presentation, we will discuss what's new.
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.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES: USCIS Expands Online Filings, Entrepreneur Parole To Be Terminated, Verifying Employment Eligibility On The I-9 Form, I-751 Petitions to Lift Conditions On Residency, FOIA Online, DOS And The June 20 https://conta.cc/2LNQexX
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.
Fakhoury Global Immigration highlights the proposed H-1B changes under the Trump Administration. Also, the presentation covers the recent updates for the H-1B CAP, STEM OPT program & L-1 Visa filing. For more information or an in-depth analysis on the content featured go to www.fakhouryglobal.com / info@fakbhouryglobal.com
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.
U.S. IMMIGRATION LAW NEWS AND UPDATES: GREEN CARD AND VISA UPDATES, NEW I-9 FORM UPDATE, SYRIAN STUDENTS WORK PERMIT UPDATE, VISA BULLETIN UPDATE FOR OCTOBER 2016, ETC.
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.
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.
INSZoom Immigration Conference 2017 – Building bridges or walls? US immigrati...INSZoom
The new U.S. administration has significantly hardened the country’s policies on various aspects of immigration. With this new approach are we building bridges or walls?
U.S. Citizens can file for their:
•Spouse
•Unmarried child under age 21
•Unmarried son/daughter over age 21
•Married son or daughter
•Parents**
•Siblings**
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.
The way U.S. Immigration and Nationality Law professionals phrase things is HUGELY important. “Words are like eggs dropped from great heights; you can no more call them back than ignore the mess they leave when they fall.” ― Jodi Picoult, Salem Falls
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
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.
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?
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 . . .
How Trump's Administrative Impacts Workplace ImmigrattionWorkology
Immigration is changing especially in light of President Donald Trump's new administration. Get insights into how he is changing visas and immigration, specifically the H-1B visa. Recruiting is changing. In this webinar presentation, we will discuss what's new.
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.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES: USCIS Expands Online Filings, Entrepreneur Parole To Be Terminated, Verifying Employment Eligibility On The I-9 Form, I-751 Petitions to Lift Conditions On Residency, FOIA Online, DOS And The June 20 https://conta.cc/2LNQexX
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.
Fakhoury Global Immigration highlights the proposed H-1B changes under the Trump Administration. Also, the presentation covers the recent updates for the H-1B CAP, STEM OPT program & L-1 Visa filing. For more information or an in-depth analysis on the content featured go to www.fakhouryglobal.com / info@fakbhouryglobal.com
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.
U.S. IMMIGRATION LAW NEWS AND UPDATES: GREEN CARD AND VISA UPDATES, NEW I-9 FORM UPDATE, SYRIAN STUDENTS WORK PERMIT UPDATE, VISA BULLETIN UPDATE FOR OCTOBER 2016, ETC.
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.
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.
INSZoom Immigration Conference 2017 – Building bridges or walls? US immigrati...INSZoom
The new U.S. administration has significantly hardened the country’s policies on various aspects of immigration. With this new approach are we building bridges or walls?
U.S. Citizens can file for their:
•Spouse
•Unmarried child under age 21
•Unmarried son/daughter over age 21
•Married son or daughter
•Parents**
•Siblings**
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.
The way U.S. Immigration and Nationality Law professionals phrase things is HUGELY important. “Words are like eggs dropped from great heights; you can no more call them back than ignore the mess they leave when they fall.” ― Jodi Picoult, Salem Falls
Last year, at about this time, the USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 which began on October 1st, 2014. The H-1B lottery (also referred as “random selection process “) is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.
With uncertainty looming large as to who may or may not “win the lottery” or who may or may not cross the ‘threshold’ hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.
This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not “win the H-1B lottery” this fiscal year and who do not get counted toward the 2016 Fiscal Year H-1B cap.
As we previously projected in our recent article/blog posting, MEHTA V. DEPT. OF STATE: WILL PLAINTIFFS BE SUCCESSFUL IN OBTAINING THE INJUNCTIVE RELIEF IN THE CLASS ACTION COMPLAINT?, the United States District Court for the Western District of Washington at Seattle on October 7, 2015, denied the Motion for Injunctive Relief (Temporary Restraining Order) by a group of high-skilled immigrants that would have forced the Department of Homeland Security (“DHS”) to accept Adjustment of Status Applications (“AOS”) as per the “Filing Date” chart contained in the originally issued October 2015 Visa Bulletin by the Department of State (“DOS”).
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will now use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
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.
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.
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that the employers must file amended H-1B petitions when a new Labor Condition Application (LCA) for Nonimmigrant Workers is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
#1: WHAT IS THE 180-DAY ASYLUM EAD CLOCK?
#2: WHAT STARTS THE 180-DAY ASYLUM EAD CLOCK?
#3: WHAT STOPS THE 180-TLAY ASYLUM EAD CLOCK?
#4: HOW TO OBTAIN MORE INFORMATION ABOUT THE 180-DAY ASYLUM EAD CLOCK?
#5: WHAT IF THE ASYLUM APPLICANT THINKS THAT THERE IS AN ERROR IN THE CALCULATION OF TIME ON HIS/HER 180-DAY ASYLUM EAD CLOCK?
A U-Visa lets victims of crimes who meet certain requirements stay in the United States. A U-Visa provides the following benefits:
You can legally live in the United States for four years. After three years of having a U-Visa you can apply for a green card to stay in the U.S. permanently. (And if you get a green card, you can eventually apply to become a U.S. citizen).
With a U-Visa you can get permission to work in the United States.
Some of your family members might also be able to get a U-Visa
With a U-Visa you might be eligible for certain public benefits in some States like California and New York.
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.
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.
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..........
Filing for the H1B visa under the Cap can be a real burdensome task. The slide gives only few tips on the filing process. We highly recommend having an experienced lawyer handle all your H1B cases whether under or outside the cap.
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
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.
The system is going haywire! This should be no surprise. The Trump Administration is turning US immigration and nationality law topsy-turvey. But who would have thought that North and South Korean leaders would be sitting at the same table and chatting about mutual synergies. Perhaps there is some reason to all of Trump's madness!?!?
As we continue to receive receipts for H-1B filings on April 2nd, we remind H-1B hopefuls to be mindful of considering their fallback plan and H-1B options.
The "roller-coaster ride" that we now call the "US immigration law" was recently marked by the following events... (1) An estimated 8,950 Nepalese nationals currently receiving Temporary Protected Status (TPS) will now lose this protection; and (2) the US Supreme Court this held arguments on President Trump's travel ban and it seems to be erring on the side of the President's power to implement a Travel Ban in the name of "National Security; and (3) Only a short time after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program, the Attorney General testified that DOJ will reverse and continue the program; and (4) More deportation cases are being filed in immigration court that involve longer-term residents of the United States rather than recent arrivals.
We remind our readers that we are US and Canadian Immigration lawyers. If we can be of any assistance to you, your family, your friends or your colleagues, please feel free to contact us by e-mail at info@visaserve.com or by phone at 201-670-0006 (x107).
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. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
(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 LAW NEWS AND UPDATES: H-1B CAP RANDOM LOTTERY, REDESIGNED GREEN CARD, TPS UDPATES, OPT/STEM EXTENSION, VOICE OFFICE, DACA RENEWAL, CANADA IMMIGRATION UPDATES.
Similar to U.S. IMMIGRATION NEWS AND UPDATES - JUNE, 2015. (17)
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.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
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)
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 .
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/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
1. http://archive.constantcontact.com/fs147/1011188341227/archive/1121223735677.html[6/3/2015 1:34:10 PM]
Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. - U.S. and Canadian Immigration and
Nationality Newsletter and Update.
In This Issue:
UPCOMING SPEAKING
EVENTS AND
PRESENTATIONS OF
THE U.S. AND
CANADIAN
IMMIGRATION AND
NATIONALITY
LAWYERS AND
ATTORNEYS OF THE
NPZ LAW GROUP
(VISASERVE).
USCIS PUBLISHES
FILING GUIDANCE FOR
CERTAIN H-4
DEPENDENTS.
USCIS TEMPORARILY
SUSPENDS PREMIUM
PROCESSING FOR
EXTENSIONS OF H-1B
PETITIONS.
NEW VERSION OF FORM
I-907 NOW AVAILABLE
AND MUST BE USED
AFTER JUNE 1ST, 2015.
USCIS DRAFT
GUIDANCE ON WHEN
TO FILE AN AMENDED
H-1B PETITION IF THE
EMPLOYEE CHANGES
GEOGRAPHICAL
LOCATION.
Dear Readers:
This 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.
We also note that the Spring Rule-making Agenda promulgated
by USCIS deals with a few areas that were announced by
President Obama in his Executive Actions in November. First,
there appears to be some movement toward the implementation of
"parole" status for "entrepreneurs" and "job creators" in the U.S.
Also, there are discussions about the proposal about granting work
authorization to individuals (in certain cases) who have approved
I-140s. There are attempts by the USCIS to give more clarity to
situations where Job Mobility (under Section 106(c) of AC-21)
may be utilized. Also, the DOL recently announced its desire to
see the PERM process become "modernized".
These recent announcements come on the heels of persistent and
seemingly anti-immigration climate. We continue to deal with the
"roller coaster" ride that the U.S. immigration and nationality law
continues to serve-up to us. We continue to seek additional clarity
with regard to many policy issues (such as the L-1B specialized
knowledge definition) and we hope that the AILA Conference in
2. http://archive.constantcontact.com/fs147/1011188341227/archive/1121223735677.html[6/3/2015 1:34:10 PM]
E-VERIFY AND FORM I-9
RESOURCES IN URDU,
PUNJABI, AND SOMALI
LANGUAGES.
JULY DATE SET FOR
HEARING ON OBAMAS
IMMIGRATION
EXECUTIVE ACTIONS.
THE GOOD THE BAD
AND THE UGLY - DAPA,
NEW DACA, I-140 EAD
AND PERM
MODERNIZATION.
Congratulations to Michael
Phulwani, Esq. - 2015
New Jersey Law Journal
LifeTime Achievement
Award.
UPCOMING NPZ
LAW SPEAKING
EVENTS:
NJICLE: U.S.
Immigration Law
Basics
When:
June 25th, 2015
Time: 9 AM to 4 PM
Where:
New Jersey Law
Center One
Constitution Square
New Brunswick, NJ
FOR DETAILED
INFORMATION, PLEASE
CLICK HERE . . .
************
ANNOUNCEMENT
FROM NPZ'S
PARTNERSHIP
WITH NECT: Join
us for THE
JUSTICE
CONFERENCE and
Washington D.C. (to be held in June) will afford us the
opportunity to speak directly to many of the "powers that be" so
we can get a behind the scenes view about what the Washington
D.C. immigration-law policymakers are "really " thinking.
Last, but certainly not least, the NPZ Law Group staff, want to
wish a hearty congratulations to Michael Phulwani, Esq. the first
Indian immigration lawyer to receive a Lifetime Achievement
Award this week (in Florham Park, NJ) for his dedicated 40 plus
years of practice in the field of U.S. Immigration and Nationality
Law. Our We all join in wishing congrats to Michael!
For more information about the U.S. or Canadian immigration law
services of the Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. and how our immigration lawyers and immigration attorneys
can assist you, your friends or your colleagues or family members,
please contact us by e-mail at info@visaserve.com or you can
call us at 201-670-0006 (x107).
H-4 VISAHOLDERS MAY WORK: USCIS PUBLISHED
FILING GUIDANCE FOR CERTAIN H-4 DEPENDENT
SPOUSES.
On May 21st, 2015, the USCIS published information to help
eligible H-4 dependent spouses who want to apply for
employment authorization under the "Employment Authorization
for Certain H-4 Dependent Spouses" final rule.
Beginning May 26th, 2015, certain H-4 dependent spouses of H-
1B nonimmigrants can file Form I-765, Application for
Employment Authorization, as long as the H-1B nonimmigrant
has already started the process of seeking employment-based
lawful permanent resident (LPR) status.
Specifically, the H-4 dependent spouse may apply for employment
authorization if the H-1B nonimmigrant meets the requirements
set-forth. Also in response to the stakeholder teleconference,
USCIS posted a "Frequently Asked Questions" (FAQ) that can
help clarify queries for many eligible applicants.
TO READ THE FAQ'S ABOUT THE PROCESS FOR H-4
DEPENDENTS TO OBTAIN WORK AUTHORIZATION,
PLEASE CLICK HERE . . .
PREMIUM PROCESSING HIATUS: USCIS
TEMPORARILY SUSPENDS PREMIUM PROCESSING
FOR EXTENSION OF STAY H-1B PETITIONS.
On May 26th, 2015, U.S. Citizenship and Immigration Services
(USCIS) temporarily suspended premium processing for all H-1B
Extension of Stay petitions until July 27th, 2015. During this time
frame, petitioners will not be able to file Form I-907, Request for
Premium Processing Service, for a Form I-129, Petition for a
Nonimmigrant Worker, requesting an extension of the stay for an
H-1B nonimmigrant. USCIS will continue to premium process H-
1B Extension of Stay petitions filed with Form I-907 premium
requests prior to May 26th, 2015.
3. http://archive.constantcontact.com/fs147/1011188341227/archive/1121223735677.html[6/3/2015 1:34:10 PM]
learn what Biblical
Justice is and how
you can bring it
your community.
Come to the event
in Chicago or
attend the telecast
in Northern New
Jersey . . .
Get equipped by
nationally- and
internationally-
known Academics,
Pastors, and
Authors, including:
1. Local justice
leaders; 2. Dr.
Cornel West 3.
Louie Giglio,
Founder of The
Passion Movement;
4. Musical
Performance, by
David Crowder.
When: Saturday,
June 5th - 6th, 2015
at 9:30 AM to 9:00
PM.
Where: Chicago, IL
VIDEO SIMULCAST
IN NEW JERSEY.
Please feel free
contact us at
info@visaserve.com
for more detailed
information about
this upcoming
event.
*******
Quick Links
SEARCH OUR SITE
USCIS will refund the premium processing fee if:
A petitioner filed an H-1B petition prior to May 26th, 2015,
using the premium processing service; and
USCIS did not act on the case within the 15-calendar-day
period.
FOR MORE DETAILED INFORMATION, PLEASE CLICK
HERE . . .
NEW PREMIUM PROCESSING FORM: NEW
VERSION OF FORM I-907 NOW AVAILABLE.
Commencing on June 1st, 2015, USCIS will accept only the newly
released version (edition date: 01/29/2015) of Form I-907,
Request for Premium Processing Service. USCIS will reject all
previous editions of the form if submitted after June 1st.
Form I-907 is used by employers to request expedited processing
of certain employment-based petitions and applications. The Form
I-129, Petition for a Nonimmigrant Worker and Form I-140,
Immigrant Petition for Alien Worker, have been designated for
Premium Processing Service; however, not all designated
classifications within these forms are eligible for Premium
Processing Service, and the R-1 classification is only eligible after
a successful on-site inspection at the location of employment.
TO READ MORE ABOUT THE NEW VERSION OF THE
FORM I-907, PLEASE CLICK HERE . . .
H-1B CHANGING GEOGRAPHICAL LOCATION?
USCIS DRAFT GUIDANCE ON WHEN TO FILE AN
AMENDED H-1B PETITION.
Based on the Simeio Solutions, LLC case, USCIS Administrative
Appeal Office (AAO), on April 9th, 2015, issued a precedent
decision which held that employers must file amended H-1B
petitions when a new Labor Condition Application for a
Nonimmigrant Worker (LCA) is required due to a change in the
H-1B worker's location. Specifically, the decision states:
1. When H-1B employees change their place of employment to a
worksite location that requires employers to certify a new Labor
Condition Application for Nonimmigrant Workers (LCA) to the
Department of Homeland Security, this change may affect the
employee's eligibility for H-1B status; it is therefore a material
change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)
(A) (2014).
2. When there is a material change in the terms and conditions of
employment, the petitioner must file an amended or new H−1B
petition with the corresponding LCA.
This precedent decision represents the USCIS' position that
employers are required (under certain circumstances) to file an
amended petition before placing an H-1B employee at a new
worksite. USCIS will accept comments on the below draft
4. http://archive.constantcontact.com/fs147/1011188341227/archive/1121223735677.html[6/3/2015 1:34:10 PM]
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
guidance for a limited period of time.
TO READ MORE, PLEASE CLICK HERE . . .
E-VERIFY AND FORM I-9 RESOURCES IN URDU,
PUNJABI, AND SOMALI LANGUAGES.
A variety of E-Verify brochures, videos, presentations and fact
sheets are available in various foreign languages to help
employers and employees learn about E-Verify and use the
program. E-Verify Further Action Notices and Referral Date
Confirmations also have been translated into several languages.
Employers and employees can now get essential information in
Urdu, Punjabi and Somali about Form I-9, E-Verify and how to
correct their immigration records.
Stay tuned to our YOUTUBE Channel for an interview by Mr.
Phulwani and Mr. Nachman of representatives of the Enumeration
Division of the USCIS about E-Verify updates for U.S.
employers.
TO READ MORE, PLEASE CLICK HERE . . .
NEW DACA AND DAPA UPDATE: JULY DATE SET
FOR HEARING ON OBAMA's EXECUTIVE ACTION
ON IMMIGRATION.
News published in "The Hill" reports that a federal appeals court
said it has set a date to hear an expedited appeal of a lower court
order that put President Obama's deportation relief programs on
hold.
As reported above, on July 10th, in New Orleans, the 5th Circuit
Court of Appeals will hear oral arguments in the President's
attempt to lift a preliminary injunction issued by U.S. District
Judge Andrew Hanen of Texas, which blocked several executive
actions from taking effect.
TO READ MORE, PLEASE CLICK HERE . . .
"IMMIGRATION NEWS AND VIEWS" -
NPZ'S NEW PRACTICAL SERIES ON
YOUTUBE ABOUT VARIOUS U.S. AND
CANADIAN IMMIGRATION LAW ISSUES.
SOME INTERESTING U.S. IMMIGRATION LAW
UPDATES: THE GOOD THE BAD AND THE UGLY -
DAPA, DACA, I-140 EAD, & PERM
MODERNIZATION.
5. http://archive.constantcontact.com/fs147/1011188341227/archive/1121223735677.html[6/3/2015 1:34:10 PM]
- - - - - - - - - - - -
:: 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:
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
ATT: Kaival
- - - - - - - - - - -
54/2515 Ashtavinayak
CHS, Gandhinagar,
Bandra (E)
- BAD NEWS: 5th Circuit says DAPA and New DACA program
injunction will not be dissolved. The Texas Motor vehicle department
has a viable argument that it will get burdened by increase in drivers
license issuance.
Possible strategies are: 1. En Banc Request for Rehearing to 5th
Circuit - requires all judges to act unanimously. 2. Supreme Court
Argument - but Supreme Court out until September. 3. Supreme
Court determination only as to States affected (25)
- Good News: 1. Parole for Entrepreneurs Rule on the Spring USCIS
rule making calender.
- EAD's for I-140 approvals on the Spring USCIS rule-making
calender
- PERM Modernization announced
THE UGLY:
Immigration issues continue to be political and a roller-coaster ride.
Stay tuned for more U.S. immigration law updates.
Congratulations to Michael Phulwani, Esq. - 2015 New
Jersey Law Journal LifeTime Achievement Award.