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Nachman, Phulwani, Zimovcak Law Group, P.C. - U.S. Immigration and Nationality Newsletter and Update.

02/16/2013
In This Issue
YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ., AND DAVID NACHMAN, ESQ., PROVIDE U.S. IMMIGRATION...
NPZ LAW GROUP MANAGING ATTORNEY'S CONDUCTED A SEMINAR ON U.S. IMMIGRATION IN MUMBAI, INDIA.
IT'S THAT TIME AGAIN: H-1B FILING SEASON FOR FISCAL YEAR 2014.
INSIDE STORY: SEC Halts $150 Million Investment Scheme to Dupe Foreign Investors and Exploit Immigration Program.
PRESIDENT OBAMA'S STATEMENT ABOUT IMMIGRATION REFORM DURING HIS STATE OF THE UNION ADDRESS.
WHO WILL WIN THE RACE FOR H-1BS FOR F.Y. 2013?
EFFECTIVE MARCH 4TH 2013: PROVISIONAL UNLAWFUL PRESENCE WAIVER, PART II.
EXPANDING THE PERM WORLD: BALCA PERM CASE SPEAKS TO MULTI-POSITION NOTICES OF FILING.
ICE ON THE MOVE: "I-9 COMPLIANCE: NOW IN THE GOVERNMENT'S CROSSHAIRS".
WHAT IS YOUR PRIORITY DATE: MARCH 2013 - VISA BULLETIN IS OUT THERE!
YOUR 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 U.S. immigration law information or about how to subscribe to iTV or TV Asia.  
Increase in the fee for immigrant visas to be effective February 1st 2013, additional fee to be paid for visa processing, H-4 Visa possibilities for work in the U.S. reported, Customs & Border Protection, H-1B Entrepreneur-in-Residence Program at the CIS.
 
 

 

Green Card Holders, SB-1 process, how to avoid revocation or losing the green card. Things you can do to maintain the green card in the U.S., surrendering the green card and getting a B visa, suggestions like paying U.S. taxes, receiving mail, maintaining property, employment, ties to social, religious, political organizations. 

 

 

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UPCOMING EVENTS

 

 

Employing International Students: Immigration Issues Made Easy For Employers. 

 

 

When: Wednesday, March 6th, 2013
 
Time: 11:00 a.m. to 12:15 p.m.
 
Where: New Jersey Institute of Technology, Campus Center, 2nd Floor, Room 240 
 
To 

 

==============

 

Employing International Students: Immigration Issues Made Easy For Employers. 

 

When: Wednesday, March 27th, 2013

 

Time: 11:00 a.m. to 
12:00 p.m.

 

Where: Farleigh Dickinson University, Career Fall Rothman Center - STRATIS Lounge, Hackensack 
 
RSVP Positive Replies Only to clove@fdu.edu or 
201-692-2196

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Dear Readers:

David Nachman, Esq. and Michael Phulwani, Esq. are back in the States after a two week tour of the Consular Offices in India. After meetings with the U.S. Consuls in New Delhi, Hyderabad, Chennai and Mumbai, your Immigration Attorneys, David Nachman, Esq. and Michael Phulwani, Esq., have a great deal of information to share. One of the most important discussions that they had with the Consulate Officers in India was about "administrative processing". In addition, they were able to find out from the Consulate Officers how 
smoothly cases were being processed in light of the elimination of VFS. For more information about visa processing in India, please tune into the TV Asia and iTV shows of Mr. Nachman and Mr. Phulwani in late-February and March.  

On the home-front, a February 8th 2013 Op-Ed in the New York Times entitled "America's Genius Glut" argues that America already has too many high-tech workers, and thus does not need more scientists and engineers from abroad. It is a surprising claim that is at odds not only with the empirical evidence, but is out of touch with the dramatic shift in recent years towards a knowledge-based global economy. The U.S. is not actually suffering from a surplus of intelligent people, nor is it being economically drained by the presence of intelligent people who were born in other countries. In fact, the U.S. high-tech economy would not exist in its present form if not for the contributions of innovators and entrepreneurs from every corner of the globe. Despite arguments to the contrary, scientists and engineers who come to the U.S. on H-1B visas are an integral part of the high-tech economy.

H-1B visas are not "indentured foreign workers" as the editorial suggests. H-1B visas are portable, and H-1B visaholders are able to transfer to a new employer. While the H-1B program is far from perfect and would certainly benefit from reform, to suggest that under the current system the holders of H-1B visas labor under conditions of servitude is hyperbole.  In reality, the scientists and engineers who come to the U.S. on an H-1B are highly-trained (and often well-paid) professionals who help to fuel U.S. innovation. A study from the Harvard Business School found that the H-1B program "has played an important role in U.S. innovation patterns" over the past 15 years. This is evidenced by the fact that the number of inventions, as measured by patents, has increased when H-1B caps are higher due to "the direct contributions of immigrant inventors."

As April 1st rapidly approaches, H-1B critics will continue to "rear their ugly heads". However, the empirical data about the value of H-1B nonimmigrant visas for professional and specialty occupation workers in the U.S.  continues to speak for itself. In fact, it is ludicrous to say that the H-1B does not bring value to the U.S. economy when the CIS itself is in the process of developing new and special guidelines for the H-1B to be used in connection with its "Entrepreneur-in-Residence Program".

For more information about Consular Processing at the U.S. Consulates in India or about the H-1B nonimmigrant visa or about any other U.S. or Canadian Immigration and Nationality Law Programs, please feel free to contact the Attorneys and Lawyers at the Immigration Law Offices of Nachman Phulwani Zimovcak (NPZ) Law Group, by phone, at 201-670-0006 (x100) or by e-mail at info@visaserve.com.
NPZ LAW GROUP MANAGING ATTORNEYS CONDUCTED A PRESS CONFERENCE AND SEMINAR ABOUT CIR AND U.S. IMMIGRATION LAWS DURING OBAMA'S NEW TERM IN MUMBAI, INDIA.

 

Mumbai, India - On January 29th, 2013, NPZ Law Group, P.C Managing Attorneys, Michael Phulwnai, Esq and David Nachman, Esq., conducted a seminar about Comprehensive Immigration Reform (CIR) and U.S immigration and visas and provided valuable insights into the critical areas of recent development in U.S immigration arena. They also discussed recent changes in the processing of immigrant and non-immigrant visas by American Consulates in India.   
 
IT'S THAT TIME AGAIN: GEARING-UP FOR H-1B FILING SEASON FOR FISCAL YEAR 2014.
   
On April 1st, 2013, the U.S Department of Homeland Security's (DHS), Citizen and Immigration Services (CIS) will start accepting H-1B petitions. H-1B visas are for nonimmigrants who are employed by U.S. employers in professional and specialty occupations.

Specialty occupations include, but are not limited to, technical writers, business managers, engineers, teachers, lawyers, accountants, business managers, financial managers, etc. Basically the classification requires that the individual possess the equivalence of a U.S. Bachelor's Degree and that the degree be related to the job that the individual proposes to have in the U.S.

 
Only a limited number of H-1B visas are available each year. In 2014, the Congressionally-mandated quota is 65,000 H-1B visas, with an additional 20,000 reserved for applicants who hold a U.S. Master's Degree or higher.

 

FOR MORE INFORMATION ON H-1B SEASON FOR FY 2014, PLEASE CLICK HERE . . .  

EB-5 INSIDE STORY: It was Bound to Happen . . . The SEC Halts $150 Million Investment Scheme to Dupe Foreign Investors and Exploit Immigration Program.
 
The Securities and Exchange Commission (SEC) on February 8th, 2013 announced charges and an asset freeze against an individual living in Illinois and two companies behind an investment scheme defrauding foreign investors seeking profitable returns and a legal path to U.S. residency through a federal visa program.
 
The SEC alleges that Anshoo R. Sethi created A Chicago Convention Center (ACCC) and Intercontinental Regional Center Trust of Chicago (IRCTC) and fraudulently sold more than $145 million in securities and collected $11 million in administrative fees from more than 250 investors primarily from China.

Now that the SEC has a new Enforcement-oriented Director, more enforcement actions are likely to be seen in the EB-5 arena.  

 

TO READ MORE ON THE SEC APPROACH IN HALTING THE 

EB-5 IMMIGRATION SCHEME, PLEASE CLICK HERE . . .  

RECENT IMMIGRATION RAVES: PRESIDENT OBAMA'S STATEMENT ABOUT IMMIGRATION REFORM DURING HIS STATE OF THE UNION ADDRESS.
 
The immigration lawyers and attorneys at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. commend President Obama for emphasizing the need for immigration reform in his State of the Union address on February 12th 2013.

Focusing on the economic benefits of immigration and the consensus that is building around the need for immigration reform, the President noted the importance of a road-map to citizenship for the 11 million undocumented, and the need for real solutions for the "legal immigration system to cut waiting periods, reduce bureaucracy, and attract the highly-skilled entrepreneurs and engineers that will help create jobs and grow our economy." He called on Congress to move forward and "get it done."
 
THE H-1B RACE: WHO WIN THE RACE OF H-1B FOR F.Y. 2013? IS THERE A LOTTERY IN STORE?
 
As we all know, last year, the H-1B window was closed earlier than expected indicating a projected growth of the economy and job creation in U.S.

Recently, the U.S. Department of Labor (DOL) office of foreign labor certification, released the statistical data of H-1B usage for the Fiscal Year. The data revealed the top 10 occupations requiring highly-skilled workers along with the top 10 employers in U.S. that are using H-1B visas to hire highly-skilled professional and specialty occupation workers.

It is interesting to note that software developers and IT specialists were among the most demanded occupations for H-1B usage which was followed by accountants and auditors.
 
EFFECTIVE MARCH 4TH 2013: PROVISIONAL UNLAWFUL PRESENCE WAIVER, PART II.
 

This is the second and concluding part of the series of articles pertaining to the provisional unlawful presence waiver.

 

Will I have to be fingerprinted or appear for an interview as part of the provisional unlawful presence waiver process?


All provisional unlawful presence waiver applicants will be required to appear at a USCIS Application Support Center (ASC) for biometrics collection. Generally, USCIS will not require provisional unlawful presence waiver applicants to appear for an interview but may schedule an interview for an applicant if the facts in a particular case warrant further inquiry and review.

 

TO READ MORE ON PROVISIONAL UNLAWFUL PRESENCE 

WAIVERS, PLEASE CLICK HERE . . .

EXPANDING THE PERM WORLD: BALCA (PERM) CASE ON TRAVEL REQUIREMENT & MULTI-POSITION NOTICES OF FILING.

 

BALCA recently concluded that although the use of a single job title indicated that the notice of filing (NOF) was for multiple positions, an employer cannot include a travel requirement in an advertisement for a single position, where none is listed on the application. These cases cover an important aspect of PERM approval requirements and the views of certifying officers in PERM evaluations.

 

TO READ THE CASE, PLEASE CLICK HERE . . . 

  

***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq., one of the Managing Attorneys at NPZ Law Group, is the State of New Jersey Chapter Chair and Member of the AILA Board of Governors.
 
REPORTED ALSO BY THE LABOR AND EMPLOYMENT LAWYERS: "I-9 COMPLIANCE: NOW IN THE GOVERNMENT's CROSSHAIRS" - (an article contributed by Kluger Healey, LLC).
 

The U.S. Department of Labor devoted few resources to enforcement of the Immigration Reform and Control Act from its passage in 1986 until 9/11. That was particularly so in regard to the requirement that employers verify new employees' right to work in the United States using the simple one page Form I-9. In the post 9/11 era however, the not so simple 69-page I-9 employer handbook, and the shift of enforcement responsibility to the Department of Homeland Security, underscore the renewed significance of employer responsibility to properly manage the I-9 process.

 

TO READ MORE ON I-9 COMPLIANCE FROM OUR FRIENDS AT KLUGER HEALY, LLC, PLEASE CLICK HERE . . . 

WHAT IS YOUR PRIORITY DATE? THE MARCH 2013 - VISA BULLETIN IS NOW OUT THERE!
 

The March 2013, Visa Bulletin summarizes the availability of immigrant numbers during March. The employment-based second preference cut-off date for India still remains the same as last month (i.e. September 1, 2004) while for China it has been advanced to February 15, 2008.

 

CLICK HERE TO VIEW THE MARCH 2013 VISA BULLETIN, 

PLEASE CLICK HERE . . .