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

03/2/2013
In This Issue:
YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ., AND DAVID NACHMAN, ESQ., PROVIDE U.S. IMMIGRATION...
PUTTING THE MONEY WHERE OUR MOUTH IS: USCIS RELEASES DRAFT MEMORANDUM ON EB-5 ADJUDICATIONS POLICY....
GOING ELECTRONIC WITH VERIFICATION: E-VERIFY IN DEMAND BY U.S. EMPLOYERS....
DEFERRED ACTION PICKS-UP SOME STEAM: USCIS...RELEASES...DACA...STATISTICAL...UPDATES.
CERT NUANCES AND ENHANCEMENTS JUST IN TIME FOR H-1B SEASON: DOL IMPLEMENTS A NEW iCERT MODULE...
COMPREHENSIVE IMMIGRATION REFORM UPDATES: IMMIGRATION REFORM, WHAT TO EXPECT, PART I....
WHAT IS YOUR PRIORITY DATE? THE MARCH 2013 - VISA BULLETIN IS NOW OUT THERE!
NPZ NEWS FROM NORTH OF THE BORDER - CANADIAN IMMIGRATION LAW UPDATES.......
CANADA AS A PLACE FOR THIRD-COUNTRY VISA PROCESSING? - NOT SO FAST - U.S. STAMPING CAN BE TRICKY...
COULD IT BE DUALITY? RISKS OF DUAL CITIZENSHIP CLAIMS...
CANADA WANTS TO KNOW WHO YOU ARE: CANADIAN VISITORS SUBJECT TO NEW BIOMETRICS REQUIREMENTS IN 2013....
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.  
Cut-off dates for month of March 2013 (visa bulletin March 2013 and priority dates), visa processing at the U.S. Consulates abroad and in the U.S., visits to the U.S. Consulate Offices in Chennai, New Delhi, Hyderabad, Mumbai and with USCIS in New Delhi,, articulation, paperwork to show the Consular Officer, cross-chargability and visa backlogs for India and other Countries.  
 
 

 

I-601 Waivers & I-130 petition cases, marriage cases, surrendering the Green Card & chances of getting B-1/B-2 visa, consular processing, visits to the U.S. Consulate Offices in Chennai, New Delhi, Hyderabad, Mumbai and with USCIS in New Delhi, how to speak to the Consular Officer, professional and specialty occupation visas, intracompany transfers, scheduling the Consulate Interview, DS-160 nuances, preparing immigration forms flawlessly,  214(b) issues, third-country visa processing.  

 


Communication Importance with US Consulate, 221(g), 214(b) visa Denials, noting visa denials on future applications, green card nuances, chances of getting B-1/B-2 visa, consular processing, visits to the U.S. Consulate Offices in Chennai, New Delhi, Hyderabad, Mumbai and with USCIS in New Delhi, how to speak to the Consular Officer, scheduling the Consulate Interview, DS-160 nuances, H-1B and H-4 visa processing at the U.S. Consulates in India, communicating with the Consulates.
 
 
 
Reason for getting 221(g) queries, Administrative Processing, H-1B Stamping issues, communications with the Consulate, visits to the Consular Offices in India, preparing the DS-160, chances of getting B-1/B-2 visa, consular processing, visits to the U.S. Consulate Offices in Chennai, New Delhi, Hyderabad, Mumbai and with USCIS in New Delhi, how to speak to the Consular Officer, scheduling the Consulate Interview, DS-160 nuances, Investor Visas, EB-5 in India, Entrepreneur Green Card, Entrepreneur in Residence Program, Visa Waiver Program in India, Biometrics appointment in India.   

 

* * * *

  

UPCOMING EVENTS

  

Employing International Students: Immigration Issues Made Easy For Employers (Form I-9 Training, IMAGE, E-Verify and Hiring International Students).  

 

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 
 
==============

 

Employing International Students: Immigration Issues Made Easy For Employers (Form I-9 Training, IMAGE, E-Verify and Hiring International Students)

 

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 
 
==============

EANJ - IMMIGRATION LAW UPDATE:  Comprehensive Immigration Reform, I-9 Audits, Enforcement Against U.S. Employers and IMAGE.

 

When: April 17th, 2013

 

Where: 
Hilton Parsippany, 1 Hilton Ct, Parsippany, NJ  07054

 

Time: 9:00 am to 12:0opm

 

Interest parties or organizations can e-mail to us at info@visaserve.com.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 


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Dear Readers:

The month of February was very exciting in the world of U.S. immigration law for many reasons . . .

First, about three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make "removal nearly an automatic result" for many non-citizens convicted of crimes. The Supreme Court held that a criminal defense attorney must advise non-citizen clients about the risks of deportation if they accept a plea bargain or the non-citizen can seek to have the conviction set aside. However, the Padilla case was NOT given retroactive effect.

Second, the Department of Homeland Security (DHS) issued the latest data on the Administration's initiative that offers Deferred Action for Childhood Arrivals (DACA). In the first six months of the program, 423,634 out of the roughly 936,933 immigrants between the ages of 15 and 30 who might immediately meet the requirements, have had their applications accepted for processing. In other words, approximately 45% of those potentially eligible for the program applied in the first six months. Since February, 199,460 individuals have been approved for DACA and will receive two-year temporary work permits.

Third, with regard to Comprehensive Immigration Reform, several press organizations reported on a draft of portions of the White House's immigration proposal. The provisions are helpful for an eventual bill. We believe that the draft proposal will encourage a constructive discussion in Congress. Of course, one of the biggest issues of contention causing resistance for past immigration reform proposals is the division between business and labor over how many and under what conditions the U.S. should admit new immigrants into the labor force. There seems to be some recent movement in discussions on this front.

Fourth, we also want to, again, remind our readers that the H-1B Season is getting into "full swing". Our offices continue to receive calls and e-mails from clients and potential clients about the H-1B nonimmmigrant professional and specialty occupation worker visas for FY 2014. We remind anyone interested in obtaining an H-1B visa to: (1) explore the possibility of other visa types since the H-1B is not for everyone; and (2) plan early so you can obtain the documentation you need to obtain from schools and previous employers for the process; and (3) be prepared for the 2014 H-1B visa process to be under a great deal of government scrutiny (more RFEs and H-1B Site Visits).

For more information about any of the foregoing immigration-related issues or any other U.S. or Canadian immigration law issues, please feel free to contact the Law Offices of the Nachman Phulwani Zimovcak Law Group at
201-670-0006 (x107) or to contact us by e-mail at info@visaserve.com
PUTTING THE MONEY WHERE OUR MOUTH IS: USCIS RELEASES DRAFT MEMORANDUM ON EB-5 ADJUDICATIONS POLICY.  

As we all know, that the demand for the EB-5 visa is growing at a rapid rate which is may be an indication of potential growth in the U.S economy.

The EB-5 visa was created in 1990 to allow foreign nationals to obtain a green card by investing capital in the U.S economy and to create jobs.

Recently, the USCIS released a draft memorandum on EB-5 Adjudications policy that describes the "preponderance of evidence" standard and also defined the three key elements of the EB-5 program . . .  (1) The immigrant's investment of capital, (2) New commercial enterprise, and (3) The creation of jobs.

 
GOING ELECTRONIC WITH VERIFICATION: E-VERIFY IN DEMAND BY U.S. EMPLOYERS.
 
On February 21st 2013, USCIS announced the increased demand of E-verify by U.S employers.

An internet-based and FREE program, E-verify requires U.S employers to employ only individuals who may legally work in the United States - either U.S. citizens or foreign citizens who have the appropriate work authorization.

As per the customer survey recent conducted, the E-verify program has received high marks from U.S employers.
 
 
To Learn More about E-Verify or to Schedule a Speaking Event for Employers on "Image, E-Verify and I-9 Form".

Please feel free to contact the Law Offices of Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com
DEFERRED ACTION PICKS-UP SOME STEAM: USCIS RELEASES DACA STATISTICAL UPDATES.

It has been six (6) months since USCIS has started accepting DACA applications. Recently the USCIS released statistical updates on the DACA process from the beginning of the program through February 14th 2013.

A total of 423,634 DACA requests has been received through February 14th 2013. California ranks at the top of all States for  DACA requests that have been received - followed by Texas and New York.

Out of 423,634 DACA applications, 313,722 applicants are from Mexico.
 
 
iCERT NUANCES AND ENHANCEMENTS JUST IN TIME FOR H-1B SEASON: DOL IMPLEMENTS A NEW iCERT MODULE.
 
Recently, the DOL Office of Labor Certification launched a new iCERT enhancement that will help the employers or their respective authorized attorney to reuse previously filed LCAs across all of the supported visa type programs (PERM, H-1B, H-1B1, E-3 etc.).

The iCERT Visa portal system was developed by DOL, ETA, OFLC to provide employers and their representatives with a secure and reliable way to access case information across all of the supported visa programs.
 
 
 
***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. 
COMPREHENSIVE IMMIGRATION REFORM UPDATES: IMMIGRATION REFORM, WHAT TO EXPECT, PART I.
 
As the fiscal cliff deal left the debt ceiling and so-called sequestration disputes unresolved, pundits speculated that immigration might get pushed to the side.

But congressional aides, lawmakers, and advocates say the plans are on track and we should expect to see the first concrete steps sometime between President Obama's inauguration on January 20th 2013 and his State of the Union address a couple weeks later.
 
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 advanced to February 15th, 2008.

 
NPZ NEWS FROM NORTH OF THE BORDER - CANADIAN IMMIGRATION LAW UPDATES.
CANADA AS A PLACE FOR THIRD-COUNTRY VISA PROCESSING? - NOT SO FAST - U.S. STAMPING CAN BE TRICKY.
 
Many of our clients contact us from the U.S. because they received an approval notice for a U.S. visa in the USA and now need to get the formal visa placed in their foreign passport.

These clients are usually employed in the USA and hope to make a quick trip to Canada to process their US visa and return to work.
 
COULD IT BE DUALITY? RISKS OF DUAL CITIZENSHIP CLAIMS.
 
Our office frequently assists people who are interested in "dual-citizenship", or citizenship in both USA and Canada. The good news is that both countries recognize the right of an individual to have this duality of nationality.

The bad news is that obtaining, and maintaining the right to, both passports requires some careful planning and proper legal advice.
 
CANADA WANTS TO KNOW WHO YOU ARE: CANADIAN VISITORS SUBJECT TO NEW BIOMETRICS REQUIREMENTS IN 2013.
 

Slated to take effect in the later part of 2013, the Government of Canada is introducing biometric identity screening for nationals of 29 countries and 1 territory when they apply for a temporary resident visa, study permit or work permit.  

 

If you are a national of a country or territory listed by CIC, you will need to appear in person to have your fingerprints and photograph (biometric information) taken when you apply for a temporary resident visa, study permit, or work permit.

  

CIC will start to collect this information from people on a mandatory basis in September 2013. By December 2013, biometric screening will be mandatory for all temporary resident applicants who are a national of a country or territory listed in CIC.