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


In This Issue:
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.
H-1B COUNTDOWN BEGINS: USCIS RELEASES NOTIFICATION TO THE PUBLIC ABOUT H-1B FILINGS ON APRIL 1ST.
NOTICE TO ALL HUMAN RESOURCES MANAGERS AND STAFF: The New I-9 Form Has Been Announced By USCIS!
MANY IMMIGRANT JUST HOLD GREEN CARD BUT DON'T NATURALIZE. WHATS THE REASON?
INSIDE STORY: J-1 VISA WORKER's ABUSE IN PA AFFECTS McDONALD's
AN INTERESTING DOL ACTION ON H-1B WORKERS:...DOL VS. NORTH SHORE SCHOOL OF THE ARTS.
USCIS PRESS RELEASE ON PREMIUM PROCESSING FOR H-1B CAP APPLICANTS.
USCIS INTRODUCES PROVISIONAL WAIVERS.
COMPREHENSIVE IMMIGRATION REFORM, WHAT TO EXPECT, PART II.
VISA BULLETIN FOR APRIL 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. 
 
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 Officers at the interview, administrative
 processing, 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, what to do if your case is under administrative processing for a long time. 
 
 
 
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, H-1B and self-sponsorship
, 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 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 12:0o pm

 

For more information, interested parties or organizations can e-mail to us at info@visaserve.com  
 
 
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

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Dear Readers:

While Congress contemplates the major issue of Comprehensive Immigration Reform (CIR) and how to provide a pathway to Citizenship for the 11 Million undocumented workers in the U.S., there have been some important recent developments in the U.S. immigration law arena during the past several weeks.

First, on March 8th, 2013, the USCIS announced a new Form I-9. The I-9 Form is a document that must be prepared by all U.S. employers for all employees to verify their employment eligibility in the U.S. Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security (DHS) has published a Notice in the Federal Register informing employers about the new Form I-9. After May 7th, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.

Second, the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act reminded the nation that there are "women's issues" in immigration law and that the laws that our broken immigration system needs to be sensitive to the obstacles and challenges of immigrant women. On March 7th 2013, President Obama signed the reauthorization of the VAWA expanding protections for victims of domestic abuse and sexual assault. The renewal of the 1994 legislation, championed by then Senator Joe Biden, makes it easier to prosecute crimes against women, including domestic violence, sexual assault and trafficking. The Law also extends protections to gays and lesbians and women of Native American tribal lands who are attacked or abused by non-tribal residents.

Third, several new studies continue to demonstrate that Skilled Immigrants create jobs and build communities. This proposition continues to cause a surge in new Bills aimed to increase Highly-Skilled Immigration and Entrepreneurship and the supply of STEM visas. Last week, New York City Mayor Michael Bloomberg urged Congress to issue more H-1B visas for highly-skilled foreign workers. Bloomberg stated that U.S. needs "an immigration system that brings the best, brightest, and hardest workers to our shores". His words echoed an editorial published last year by Bloomberg News headlined "Help The U.S. Economy With Visas for the Best and Brightest." We hope that we will not have to wait for CIR to "oil these gears".

For more information on the recent developments in the U.S. or the Canadian Immigration Law arena or about Immigration Reform, please feel free to contact the Immigration Attorneys or Lawyers at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. We can be reached by telephone at 201-670-0006 (x100) or by e-mail at info@visaserve.com
H-1B COUNTDOWN BEGINS: USCIS RELEASES NOTIFICATION TO THE PUBLIC.
 
The USCIS advises that H-1B nonimmigrant professional and specialty occupation work visas must be filed on April 1st (cap cases) with requests for an October 1st start date.

Remember that there are 65,000 visas for Bachelor Equivalent holders and 20,000 H-1Bs for U.S. Master (and higher) Degree holders. Some H-1Bs are exempt from the cap (such as H-1B Extensions and H-1Bs being done for Academic Institutions of Higher Learning).

 

TO READ MORE ON H-1B VISA, PLEASE CLICK HERE . . . 

 

For more information about H-1B nonimmigrant visa, 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

NOTICE TO ALL HUMAN RESOURCES MANAGERS AND STAFF: The New I-9 Form Has Been Announced By USCIS! 

 

U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use by all U.S. employers. All employers are required to complete a Form I-9 for each employee hired in the United States.

 

Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security (DHS) has published a Notice in the Federal Register informing employers about the new Form I-9 and the dates when use of the new Form is mandated.

 

TO READ MORE ABOUT THE NEW I-9 AND ITS EFFECTIVE DATE, PLEASE CLICK HERE . . . 

MANY IMMIGRANTS JUST HOLD THE GREEN CARD BUT DON'T NATURALIZE. WHAT IS THE REASON? 

 

Not all eligible immigrants take the path of Citizenship reported an article published in Washington Post. Many immigrants just hold the green card and don't naturalize.

According to the survey conducted by Pew Hispanic Center, in 2011, only 
61 percent of eligible immigrants became citizens.  But for Mexicans, who are the largest group of immigrants in the country, the citizenship rate was just 36 percent. Central Americans also had low rates.

The highest rates were for Southeast Asians, Cubans and Russians, perhaps because many from these countries came as Refugees.

Refugees, who are generally unable to return to their home countries, naturalize at a higher-than-average rate.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

INSIDE STORY: J-1 VISA WORKER ABUSE IN PENNSYLVANIA AFFECTS MCDONALD CORPORATION.
 

 The Exchange Visitor (J-1) nonimmigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs  


Recently McDonald's workers (especially J-1 visa workers in Pennsylvania) had a strike due to unfavorable behavior of the McDonald's against its workers.

Workers claim that they have been allegedly underpaid and
subject to repeated retribution. The students are mostly from Latin America and Asia who came to the U.S under the J-1 program. 
 
AN INTERESTING DOL ACTION ON H-1B WORKERS:  DOL VS. NORTH SHORE SCHOOL OF THE ARTS.
    
The H-1B visa program requires that an employer pay an H-1B worker the higher of its actual wage or the locally prevailing wage. Recently a case arose between DOL  and NSSA [NORTH SHORE SCHOOL OF THE ARTS] in which the H-1B workers were not paid for its working hours by the employer [NSSA].

As per the regulation: "If the H-1B nonimmigrant is not performing work and is in a nonproductive status due to a decision by the employer . . . the employer is required to pay the salaried employee the full pro-rata amount due . . . at the required wage for the occupation listed on the LCA.

If the employer's LCA carries a designation of "part-time employment," the employer is required to pay the nonproductive employee for at least the number of hours indicated on the I-129 petition filed by the employer with the DHS and incorporated by reference on the LCA . . ."

 

TO READ THIS INTERESTING CASE, PLEASE CLICK HERE . . . 

USCIS PRESS RELEASE ON PREMIUM PROCESSING FOR H-1B CAP APPLICANTS.

 

Recently USCIS issued a press release stating that this year there may be a lottery for H-1B cap. USCIS is expecting the H-1B Cap might be met in the first five business days of the filing season. The Press Release also stated that a request for premium processing of cap-subject H-1Bs received between April 1st and April 14, 2013, will only be adjudicated starting on April 15th, 2013.
 
 
***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 National Board of Governors. 
USCIS INTRODUCES PROVISIONAL WAIVERS.
 

Beginning March 4th, 2013, certain immigrant visa applicants who are the spouses, children and parents of U.S. citizens (immediate relatives), and have been unlawfully present in the United States, can start applying for provisional unlawful presence waivers using a new process.

 

The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad.  

 

Under the current process, which continues to remain in effect, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States have to travel abroad and be found inadmissible at their immigrant visa interview before they can apply for an inadmissibility waiver.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  

 

For more information about the "USCIS Provisional Waivers" please feel free to contact us at 201-670-0006 (x100) or info@visaserve.com
 

 

COMPREHENSIVE IMMIGRATION REFORM, WHAT TO EXPECT, PART II.

 

This is the second and concluding part of the series of articles pertaining to expectations about Immigration Reform.

 

Enforcement

 

For years, conservatives have insisted that they won't back legalization unless the border is secure, immigrants who break the law are deported, and employers who hire undocumented immigrants are punished.

 

Democrats have already agreed to this equation in large part. As such, the Obama administration has expanded deportation programs, built new immigration detention centers, and sent thousands more border patrol agents and National Guard troops to the Southwest.

 

Yet, at least until the elections, Republicans continued to argue that these enforcement actions are not enough. The GOP platform in August accused the administration of "undermin[ing] the rule of law at every turn" and "fail[ing] to enforce the legal means for workers or employers who want to operate within the law." 

 

TO READ MORE ON "PART-II IMMIGRATION REFORM, WHAT TO EXPECT", PLEASE CLICK HERE . . .
 
This bulletin summarizes the availability of immigrant numbers during April, 2013. 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.

 

CLICK HERE TO SEE THE VISA PREFERENCE NUMBERS FOR APRIL 2013 . . .  

 

CLICK HERE TO VIEW THE APRIL 2013 VISA BULLETIN, PLEASE CLICK HERE . . .