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YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI AND DAVID NACHMAN, PROVIDE IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV.
David Nachman, Esq. and Michael Phulwani, Esq., YOUR immigration lawyers, continue to bring business and family-based immigration and nationality news and updates to your TV screen each week on TV Asia and iTV. Watch "YOUR IMMIGRATION LAWYERS" each week on iTV and TV Asia. Please contact us for additional immigration law information or about how to subscribe to iTV or TV Asia.
DEFERRED ACTION for DREAMers
- relief for individuals who came to U.S. before their 16th birthday
- they must be 30 years old and younger
- they must be physically present in the U.S. on June 15th 2012 and must have continuously resided for 5 years prior.
- They must have a college education, GED, H.S. Diploma and/or honorable military discharge.
- They must not have a "significant" criminal conviction.
- Deferred Action is not a pathway to lawful permanent residence in the U.S.
- Deferred Action is valid for two years and needs to be extended after two years.
- The decision to approve an application for Deferred Action is "discretionary".
- The ability to travel has not yet been determined.
TO WATCH THIS VIDEO, PLEASE CLICK HERE.
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Dear Readers:
It is now August 1st and the USCIS has been incredibly quiet. However, it is summer and things tend to be this way traditionally. At the VOLAG Meeting in Newark, NJ, this past Tuesday, USCIS staff provide some helpful information about the DREAMER Provisions. The information was closely tied to the issue of "Unauthorized Practice of Law" and our loyal readers are reminded, once again, that there is NOT currently a process in-place to apply for DREAMER Provisions. Be careful of immigration SCAMS and NOTARIOS (those not authorized to practice law) promising that they can obtain benefits for you, your friends, or your family members! As we have promised, will continue to keep our loyal readers posted.
For our NEWCOMERS, and by way of background, over the past three years the Obama Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As DHS seeks to focus its limited enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including aliens convicted of crimes (with particular emphasis on violent criminals, felons, and repeat offenders), DHS has been exercising "prosecutorial discretion" to ensure that enforcement resources are not expended on low priority cases, such as individuals who were brought to this country through no fault of their own as children, have "not" been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and meet other key criteria.
On June 15th, 2012, President Obama announced that certain young people who were brought to the U.S. (through no fault of their own as young
children) and who meet several key criteria will be considered for relief from removal from the country or entered into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive "Deferred Action" (a limited form of status) for a period of two years, subject to renewal (which is discretionary to the DHS). Only those individuals who can prove through verifiable documentation that they meet the criteria will be eligible for Deferred Action. Individuals will not be eligible if they are not currently in the U.S. and cannot prove that they have been continuously physically present for a continuous period of not less than 5 years.
Please be reminded that the use of prosecutorial discretion confers no substantive right or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights. However, Deferred Action, will afford DREAMERS the opportunity to obtain an Employment Authorization Document ("EAD") in the U.S. We hope that this will also allow those individuals to then obtain social security cards, drivers licenses and loans for School (etc.)
If you have any questions about the new DREAMER Provisions or if you want to obtain a list of legal documents (for FREE) that (we think) are likely to be sought by the USCIS in connection with the proposed applications, please feel free to contact us at info@visaserve.com or you can call our offices at 201-670-0006 (x100).
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| WHERE THE DREAMERS ARE: DEMOGRAPHICAL DATA FOR THE DREAMERS. |
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On June 15th, 2012, an announcement was made about the DREAMER provisions to make the Dreamers' dream a reality. One question that many folks have is . . . how many persons will benefit from these new provisions and from what communities do these potential beneficiaries harken? Based upon a recent analysis, it was found that California and Texas are the two states that possess a large unauthorized population and it is therefore likely that residents of these States are likely to significantly benefit from the new provisions.
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TO READ MORE ON STATISTICAL DATA ON DREAMers, PLEASE CLICK HERE . . . |
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| NEW FACE OF THE EB-5 OFFICE: USCIS ANNOUNCES NEW EB-5 PROGRAM OFFICE. |
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The "EB-5 Investor Visa" appears to be the most popular visa for FY 2012. Recently, the USICS announced its new EB-5 visa program office to ensure that this important and complex program is appropriately administered and managed under a single leadership structure. USCIS has approved more than 3,100 Form I-526 petitions in FY 2012 which is triple the number of cases approved in FY 2009. The Administration's Entrepreneur Initiatives are surely served by helping to streamline this Entrepreneur Visa category.
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FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . |
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| SE HABLA ESPANOL: ARE YOU A SPANISH EMPLOYER? SEE WHAT USCIS HAS DONE FOR YOU. |
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Recently, the USCIS has released a Spanish language version of EMPLOYER HANDBOOK. The M-274 Employer Handbook is the "training Manual" with regard to the Form I-9. The Form I-9 has to be prepared by all employees (when hired) of all U.S. employers. This rule came into the law under the Immigration Reform Act of 1986. The Spanish Version of the M-274 is long overdue but it will certainly help employers answer Form I-9 questions for employees and potential employees. more clearly. The Handbook (M-274) provides step-by-step instructions for the Form I-9 so that employers are able to properly undertake the employment eligibility verification process.
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FOR DETAILED INFORMATION, AND A COPY OF THE M-274 DOCUMENT IN SPANISH, PLEASE CLICK HERE . . . |
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| THE CLOCK IS TICKING: H-2B CAP COUNT MOVES LITTLE HIGHER. |
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The H-2B non-agricultural temporary workers visa program (used for filing for the temporary non-agricultural jobs in U.S.) is moving at a rapid pace toward the Cap for the 2nd half of the Fiscal Year per the data provided by USCIS. As per the USCIS data provided, 28,682 beneficiaries [counting 27,718 approved and 1,464 pending] have been counted toward 33,000 H-2B Cap.
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FOR MORE DETAILED INFORMATION, PLEASE CLICK HERE . . . |
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| WHAT WILL BECOME OF THE H-1B: IS THE H-1B HIGHLY-SKILLED WORKER VISA STILL IN DEMAND? |
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A recent report analyzed the importance of the H-1B visa process in U.S. The H-1B visa program allows a foreign alien to work for U.S. employer in a highly-skilled position for a particular period of time. The Brookings Survey found that 106 metropolitan areas in the U.S. account for 91 percent of all H-1B requests, yet these areas contain only 67 percent of the U.S. jobs. Many metropolitan areas like Rochester, MN and Columbus, IN show a surprisingly high demand for H-1Bs. It is critical to note that the U.S. government collected $1 Billion in visa fees from the H-1B Program between 2001 - 2011. Those fees were applied (through a Labor Department Grant Program) to workforce development and Hi-Tech job development training in the U.S.
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TO READ MORE, PLEASE CLICK HERE . . . |
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| LEGISLATION VS. ADMINISTRATIVE RELIEF - An Article Series Presented by Michael Phulwani, Esq. and David H. Nachman, Esq. at the Nachman, Phulwani, Zimovcak Law Group. |
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For our loyal readers we have aggregated a series of articles about Legislative vs. Administrative Relief and the Memorandum of June 17th, 2011 issued by John Morton, Director of U.S. Immigration and Customs Enforcement (ICE), to all concerned officials with regards to exercising prosecutorial discretion consistent with the Civil Immigration Enforcement priorities of the agency for the apprehension, detention, and removal of aliens. The DREAMER Provisions are a clear demonstration that the President can act on immigration-related issues using the "back door" if he is so inclined.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . PART 1
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . PART 2
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . PART 3
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . PART 4
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . PART 5
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| ENTREPRENEURS TAKE HEED: EB-5 STATISTICAL DATA FY 2005 - 2012. |
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USCIS recently updated statistical data on the EB-5 visa from FY 2005 through the third quarter of 2012. This statistical data analysis covers applications that received approvals and denials for Forms I-526, I-829, and I-924s.
The data reveals the approval percentage in 2012 has been 94% as compare to 62% in 2005. The data also shows the drastic increase in demand of EB-5 visas starting from fourth quarter of FY 2010.
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FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . |
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| GET YOU PRIORITY DATE NUMBERS: VISA BULLETIN FOR AUGUST 2012. |
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Every month, the U.S. Department of State, Visa Office, announces the Family-based and Employment-based priority dates. We, of course, try to help our clients to land-up in the category that is most likely to move the fastest for them (when all of the stars are aligned). While we continue to announce the priority dates on iTV and on TV ASIA, we encourage our readers to obtain an electronic copy of the VISA BULLETIN from DOS directly so they can monitor the monthly movement of the categories. The following information is provided by the Visa Office regarding the cut-off dates for the month of August 2012.
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FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . |
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