Full NPZ Logo
Nachman, Phulwani, Zimovcak Law Group, P.C. - Immigration and Nationality Newsletter

In This Issue
OUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ. AND DAVID NACHMAN, ESQ. PROVIDE FAMILY AND EMPLOYMENT IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB & ON TV.
THE H-1B SEASON IS UPON US AGAIN.
SECRETARY NAPOLITANO ANNOUNCES FINAL RULE TO SUPPORT FAMILY UNITY DURING I-601 WAIVER PROCESS.
USCIS BEGINS TRANSITION TO CENTRALIZED POLICY MANUAL.
VISAS FEES DUE TO CLIMB: VISA ISSUANCE FEE INCREASE EFFECTIVE FEBRUARY 2013.
MONTHLY DETERMINATION OF EMPLOYMENT PREFERENCE CUT-OFF DATES.
ENTREPRENEUR PATHWAYS - The Entrepreneur in Residence Program.
VISA BULLETIN FOR FEBRUARY 2013.
NPZ NEWS FROM NORTH OF THE BORDER - CANADIAN IMMIGRATION UPDATES.
ANOTHER CHANGE TO THE REFUGEE (ASYLUM) SYSTEM IN CANADA.
YET ANOTHER UPDATE FROM NORTH OF THE BORDER - CANADA IMMIGRATION LAW UPDATE: NEW FOREIGN SKILLED LABOR PROGRAM UPDATE IN CANADA!

OUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ., PROVIDE U.S. 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 and Nationality Lawyers, continue to bring employment 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 at  info@visaserve.com for additional immigration law information or about how to subscribe to iTV or TV Asia. 

UPCOMING TRIP TO INDIA 2013  
 

VISIT TO INDIA CONTINUED (ITEMS TO BE DISCUSSES WITH CONSULAR OFFICIALS)  
 

VISITING AMERICAN CONSULATES IN INDIA CONTINUED.


The 2013 H-1B SEASON, I-601 WAIVER, PROVISIONAL WAIVER 

 
*********
 

UPCOMING EVENTS

  

HOT TOPICS IN FAMILY BASED IMMIGRATION

 

WHEN: January 21, 2013

 

TIME: 1:00 PM to 4:30 PM

 

WHERE: Doubletree Guest Suites

Mt. Laurel, New Jersey

  

U.S. Immigration Law promotes family unification and allows permanent residents and U.S. citizens to sponsor relatives to come to the U.S. with green cards. There are different categories for different relatives. Citizens can bring a wider net of family members than can permanent residents. The process of bringing a relative to the United States is complicated and can sometimes take several years. Our informative program will review the basics of family immigration, including how marriage cases are handled.

  

The program will also bring you up to date on some of important developments in this area, including a review Homeland Security's June 2012 announcement regarding deferred removal action and work authorization for certain individuals who arrived here illegally as children. (Deferred Action for Childhood Arrivals - DACA)


Quick Links

 

Join Our Mailing List


Like us on Facebook

Follow us on Twitter

View our profile on LinkedIn

Find us on Google+

View our videos on YouTube

Visit our blog
:: 201-670-0006 (x100)

:: info@visaserve.com

:: www.visaserve.com
Dear Readers: 

 

There is considerable recent debate over the prospects for immigration reform. On the one hand, an electorally chastened Republican Party seems to be re-evaluating its long-standing support for removal-only immigration policies. On the other hand, it looks as though the White House and Congress are embarking upon lengthy debates over gun control and tax-and-spending policies which might leave little room for a rational discussion about U.S. immigration laws. Reliable reports from the White House indicate that President Obama is ready for immigration reform. We  hope that a comprehensive approach prevails. Piecemeal measures don't get to the root of the problem which is the creation of a pathway to citizenship for all of the 12 million unauthorized immigrants now living in the United States.

 

Some observers are worrying that immigration reform will be pushed aside completely by the looming legislative battles over taxes, government spending, and gun control. However, an unnamed Obama Administration official told the Huffington Post recently that the President plans to move forward on immigration reform this month. And, as President Obama said on NBC's Meet The Press recently, that immigration reform "a top priority" for his second term. We also know that Senator Robert Menendez (D-NJ) has been appointed as a member of a working group with regard to the immigration reform issue.

 

Latino leaders plan to keep a close eye on Congress with regard to immigration reform. Latino leaders plan to push for a "comprehensive" bill. This runs counter to the piecemeal inclinations of some lawmakers who want to break up immigration reform into more easily digestible chunks: the DREAM Act perhaps, or more visas for high-skilled workers. As we have said before, piecemeal measures don't get to the root of the problem: the creation of a pathway to citizenship for all of the 12 million unauthorized immigrants now living in the United States, and the creation of flexible immigration limits that will forestall more unauthorized immigration in the future.  

 

For decades, the numbers of visas made available each year for both high-skilled and less-skilled workers have not risen and fallen with the changing needs of the U.S. economy. And the immigrant relatives of U.S. citizens and Lawful Permanent Residents have been made to wait up to 20 years for visas that will allow them to legally reunite with their families. These problems need to be "fixed" and not just "band-aided".

  

For more information about Family-based or Employment-based Immigration Law, please feel free to e-mail the Immigration Lawyers and Attorneys at Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com You can also contact our offices by calling 201-670-0006 (x100).  

 

Please note that Mr. Phulwani and Mr. Nachman will be traveling to India from the end of January to the middle of February and that they will be available to meet with clients (or potential clients) in the Mumbai Office or in Chennai, New Delhi or Hyderabad during their trip. Please e-mail us at info@visaserve.com if you would like to schedule an appointment to see Mr. Nachman or Mr. Phulwani, your immigration lawyers, in India.

THE H-1B SEASON IS UPON US AGAIN.

 

The 2013 H-1B Season is Upon Us . . . Will This Year's Economy Bring a Lottery? At this juncture, it does not seem likely. However, as the statistics from last year show, planning in advance of April 1st for the H-1B is the key to being able to continue your authorized work status in the U.S. It is likely that it need not be said but . . . it is always best to seek competent immigration legal counsel to be able to find a way to legally remain in authorized work status in the U.S. 

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE. . . 

SECRETARY NAPOLITANO ANNOUNCES FINAL RULE TO SUPPORT FAMILY UNITY DURING I-601 WAIVER PROCESS.   

 

New Year 2013 promises to be a very exciting year in the Immigration Law arena. Secretary of Homeland Security Janet Napolitano recently announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at http://www.uscis.gov/

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE. . . 

USCIS BEGINS THE TRANSITION TO A CENTRALIZED POLICY MANUAL


U.S. Citizenship and Immigration Services (USCIS) recently began the agency's transition toward an online, centralized manual of immigration policies by releasing the first volume of the new USCIS Policy Manual - the Citizenship and Naturalization volume. The release follows an unprecedented, agency-wide review of USCIS policies that incorporates feedback from thousands of agency employees, customers and stakeholders. 

 

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE. . .

VISAS FEES DUE TO CLIMB: VISA ISSUANCE FEE INCREASE EFFECTIVE FEBRUARY 2013.

 

A new press release from Washington states that as of February 1st, 2013, the United States Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the U.S.

 

USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the U.S. after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card.

 

FOR DETAILED INFORMATION ABOUT THE NEW VISA FEE INCREASE EXPECTED IN FEBRUARY, PLEASE CLICK HERE . . .   

MONTHLY DETERMINATION OF EMPLOYMENT PREFERENCE CUT-OFF DATES

 

The provisions of the Chinese Student Protection Act require that the China annual limit be reduced by 1,000. A total of 300 numbers are deducted from the E3 category, and 700 from the E5 category. Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 applicants, the category will be "Current". Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE. . .

ENTREPRENEUR PATHWAYS FOR NONIMMIGRANT VISAS AND GREEN CARDS.  

 

On October 11, 2011, USCIS Director Alejandro Mayorkas announced a new initiative to harness industry expertise from the public and private sectors and increase the job creation potential of employment-based and high-skilled visa categories.  

 

Called 'Entrepreneurs in Residence' (EIR), the initiative built upon a series of policy, operational, and outreach efforts within the framework of existing immigration laws. The EIR program was part of a wider White House and Department of Homeland Security (DHS) effort to grow the U.S. economy and create American jobs.

 

USCIS focused the EIR initiative on streamlining the immigration process for foreign entrepreneurs. Visit the EIR website to learn more about the EIR initiative, the EIR Tactical Team, and the Tactical Team's accomplishments to date.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

VISA BULLETIN FOR FEBRUARY 2013

 

The February 2013 Visa Bulletin summarizes the availability of immigrant numbers during February. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by January 8th.

  

CLICK HERE TO SEE THE HOTLINE RECORDING/ VISA PREFERENCE NUMBERS FOR FEBRUARY 2013 . . .  

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE. . . 

NPZ NEWS FROM NORTH OF THE BORDER - CANADIAN IMMIGRATION LAW UPDATES. 
AN UPDATE FROM NORTH OF THE BORDER: CHANGES TO THE REFUGEE (ASYLUM) SYSTEM IN CANADA.   
 

On December 14th, 2012, CIC announced a new list of countries whose citizens' claims for refugee status in Canada will be rejected through expedited processing. The idea behind this list is that those countries are known NOT to produce refugees and in a given year, and that CIC wants to make the application system move faster for those cases that have merit.

 

Citizenship, Immigration and Multiculturalism Minister Jason Kenney stated: "It is remarkable that the European Union - with its democratic tradition of freedom, respect for human rights, and an independent judiciary - has been the top source region for asylum claims made in Canada. What's more, virtually all EU claimants either withdraw or abandon their own claims or are rejected by the independent Immigration and Refugee Board of Canada."

 

TO READ MORE ON RECENT CANADIAN REFUGEE ASYLUM CHANGES, PLEASE CLICK HERE . . . 

ANOTHER UPDATE FROM NORTH OF THE BORDER - CANADA IMMIGRATION LAW UPDATE: NEW FOREIGN SKILLED PROGRAM UPDATE!

 

So many are waiting for the doors to the Foreign Skilled Worker program to re-open in January 2013. The Minister of CIC announced on December 19th, 2012 that those doors will open on May 4th, 2013. Many of the final changes to the selection criteria were also announced, and include:

  • Minimum official language thresholds and increased points for official language proficiency, making language the most important factor in the selection process;
  • Increased emphasis on younger immigrants, who are more likely to acquire valuable Canadian experience, are better positioned to adapt to changing labour market conditions, and who will spend a greater number of years contributing to Canada's economy;
  • Introduction of the Educational Credential Assessment (ECA), so that education points awarded reflect the foreign credential's true value in Canada;

TO READ MORE ON SELECTION CRITERIA & FOREIGN SKILLED PROGRAM UPDATE, PLEASE CLICK HERE . . .