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

05/01/2013
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.
THE NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW OFFICE APPLAUDS THE INTRODUCTION OF A BI-PARTISAN SENATE IMMIGRATION REFORM BILL.
ARTICLE: BORDER, ECONOMIC OPPORTUNITY AND IMMIGRATION MODERNIZATION ACT OF 2013 (This will become law only if it is passed by Congress), PART I.
ARTICLE: BORDER, ECONOMIC OPPORTUNITY AND IMMIGRATION MODERNIZATION ACT OF 2013 (This will become law only if it is passed by Congress), PART II .
CUSTOMS AND BORDER PROTECTION: NEW ELECTRONIC I-94 IMPLEMENTATION INITIATED.
NEW AUTOMATED I-94 ARRIVAL DEPARTURE RECORDS FAQs.
PROVISIONAL WAIVER UPDATE: USCIS NOTICE ON REJECTION OF FORM I-601A.
MAY 2013 VISA BULLETIN: SPRING IS A TIME TO SPRING FORWARD FOR SOME CATEGORIES.
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.



In recent videos, Nachman Phulwani Zimovcak (NPZ) Law Group discusses
Comprehensive Immigration Reform, RPI status, E-Verify, new I-9 Form, Consular Processing in India, Administrative Processing cases, Entrepreneur Visas, PERM and H-1B cap alternative issues.    
 
 
Comprehensive Immigration Reform, RPI status, E-Verify, new I-9 Form, FB-4, Priority Dates Advancing, Consular Processing in India, Administrative Processing cases, Entrepreneur Visas, PERM and H-1B cap alternative issues.     
================

  

UPCOMING EVENT

  

NEW JERSEY INSTITUTE FOR CONTINUING EDUCATION (NJICLE): Immigration Basics and Updates Program. 

  

When:

June 17th, 2013

  

Where:

The Law Center  

One Constitution Square

New Brunswick, New Jersey

 

Time:
9:00 AM to 4:30 PM 

Quick Links

 



Like us on Facebook

Follow us on Twitter

View our profile on LinkedIn

Find us on Google+

Find us on Pinterest

View our videos on YouTube

Visit our blog
:: 201-670-0006

Dear Readers:

The Senate's newly proposed "Border Security, Economic Opportunity, and Immigration Modernization Act" has new provisions for skilled immigration and entrepreneurship. The proposed Bill provides reforms to the H-1B nonimmigrant visa for high-skilled individuals, various provisions for highly-skilled individuals through permanent employment-based immigration, and a new INVEST visa for entrepreneurs. Apparently, the Senate Bill offers a balanced approach to solving the immigration problem. 

 

With regard to H-1Bs, the proposed Bill increases the annual H-1B cap from 65,000 to 110,000. In later years, a High Skilled Jobs Demand Index will calculate the number of H-1B visas available (not to exceed 180,000) which cannot increase or decrease by more than 10,000 per year. The number of H-1B visas available for U.S. advanced degree holders who are exempt from the cap shall increase from 20,000 to 25,000. The proposed Bill balances the increase in H-1Bs with fraud protections.

 

With regard to Highly-Skilled Employment-Based Immigration, the proposed Bill creates a new merit-based immigrant visa for both employment and family classifications. The new system assigns points (like they do in Canada) to intending immigrants based on a variety of categories. Forty percent of worldwide employment-based visas will be available to individuals holding advanced degrees or their equivalent whose services are sought in the sciences, arts, professions, or business by an employer in the U.S. Persons holding a master's degree or higher in a STEM field from an accredited U.S. institution of higher education within the past five years and who have an offer of employment in a related field shall be exempt from the annual cap.

 

With regard to Entrepreneurs, the proposed Bill creates a new "Investing in New Venture, Entrepreneurial Startups, and Technologies" (INVEST) visa so that businesspeople can establish a business, create jobs, and strengthen the U.S. economy. The proposed Bill creates a new EB-6 visa for certain entrepreneurs with higher initial investment and job-creation criteria than the nonimmigrant INVEST visa.

 

There is still a great deal of work to be done on the new proposed Bill. Please keep up to date by reviewing the CIR page on the VISASERVE website. It is our hope that the proposed Bill will allow employers to be able to make hiring decisions more nimbly; workers have better protections, portability, and mobility; family unity shall be preserved; and immigrant entrepreneurs shall have new opportunities to start businesses. For more information about CIR, please feel free to e-mail us at info@visaserve.com or you can call us at 201-670-0006 (x100).

THE NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW OFFICE APPLAUDS THE INTRODUCTION OF A BI-PARTISAN SENATE IMMIGRATION REFORM BILL. 

 

The "Comprehensive Immigration Reform - CIR" is referred to as the most awaited bill in the immigration world. The new bill was drafted by a "Gang of 8" Senators in the mid-April. The Nachman Phulwani Zimovcak (NPZ) Law Group, applauds the "Gang of Eight" Senators who have introduced the "Border Security, Economic Opportunity and Immigration Modernization Act." The Senators and their staff have been working tirelessly, for months, to create a bi-partisan solution that attempts to fix our broken immigration system.  

  

One of NPZ's Managing Immigration Attorneys, David Nachman, Esq. states: "The introduction of this bipartisan legislation shows that there is a change in the disruptive political thought process that has been at play for many years over the immigration issue. The fact that the two parties are seriously negotiating a "comprehensive bill" as to a piece meal introduction of bills shows that immigration reform may become a reality in 2013".

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .   

 

For more information on the Comprehensive Immigration Reform Bill, please e-mail us at at info@visaserve.com or contact the Nachman Phulwani Zimovcak (NPZ) Law Group by phone at 201-670-0006 (x100). Please feel free to visit our CIR page at www.visaserve.com for up to date information about the Comprehensive Immigration Reform Storm.
  

 

ARTICLE: BORDER, ECONOMIC OPPORTUNITY AND IMMIGRATION MODERNIZATION ACT OF 2013 (This will become law only if it is passed by Congress), PART I:

 

We have been waiting for a long time for the Comprehensive Immigration Reform Bill. Finally, after extensive deliberations, the "Gang of Eight" bipartisan Senators, reached an agreement on various issues.  

 

It happened after extensive negotiations between the Republican and the Democratic Senators who sought support from the AFLCIO and the Chamber of Commerce and from several religious groups.

 

The details of the Bill were made available on Tuesday, April 16th and the Bill, which is composed of several hundred pages, will be reviewed by all of us, with a view toward analyzing all of the provisions. In the meantime, we provide an outline about the new Bill which is entitled the "Border, Economic Opportunity and Immigration Modernization Act of 2013."

 
In the Part - I (of this article) we discuss the Adjustment of Status to Registered Provisional Immigrant Status [RPI], eligibility and the eligibility criteria.
 
ARTICLE: BORDER, ECONOMIC OPPORTUNITY AND IMMIGRATION MODERNIZATION ACT OF 2013 (This will become law only if it is passed by Congress), PART II.
 
The Comprehensive Immigration Reform Bill introduced by the Gang of Eight bipartisan Senators involves the passage of legal immigration that will help eliminate the backlog for family and employment-based immigrants. The bill repeals the availability of immigrant visas for siblings of U.S. citizens once 18 months have elapsed from the date of enactment. The bill repeals the Diversity Visa Program. Aliens who were or are selected for diversity immigrant visas for fiscal years 2013 or 2014 will be eligible to receive the visas. 
 
Merit Based Visa: The merit based visa, created in the fifth year after enactment, awards points to individuals based upon their education, employment, length of residence in the US and other considerations. Those individuals with the most points will earn the visas. Those who access the merit based pathway to earn their visa are expected to be talented individuals, individuals in our worker programs and individuals with family here.

 

FOR DETAILED INFORMATION ON MORE OPTIONS FOR "LEGAL IMMIGRATION" UNDER THE CIR BILL, PLEASE CLICK HERE . . . 

CUSTOMS AND BORDER PROTECTION ANNOUNCEMENT: NEW ELECTRONIC I-94 IMPLEMENTATION INITIATED.
 
Beginning April 30th, 2013, U.S. Customs and Border Protection started implementing the new automated Form I-94, Arrival/Departure Record, to streamline the admissions process for individuals lawfully visiting the United States. 

Form I-94 provides international visitors with evidence they have been lawfully admitted to the U.S. which is necessary to verify alien registration, immigration status, and employment authorization.

The automation means that affected visitors will no longer need to fill out a paper form when arriving to the U.S. by air or sea, improving procedures and reducing costs.
"Automation of the I-94 will increase efficiency and streamline the admission process," said CBP Deputy Commissioner David V. Aguilar. "Once fully implemented, the process will facilitate security and travel while saving CBP an estimated $15.5 million a year.
 
To get a better understanding of the New Automated I-94 process, CBP released a demo video for all travelers visiting the U.S. 
 
QUESTIONS AND ANSWERS: NEW AUTOMATED I-94 FAQs.

 

With the effectiveness of the New Automated I-94 Form, many people might have questions. For example, several have asked us about the advantages and the disadvantages of the program, how it will work and how to obtain paper I-94 (if needed).

At this juncture, we are recommending that everyone print the I-94, upon entry to the U.S., to be sure the information is correctly placed into the database. We know of many cases where incorrect information was placed on the paper I-94 which required us to go to the Port-of-Entry to have a correction made.  

 

PROVISIONAL WAIVER UPDATE: USCIS NOTICE ON REJECTION OF FORM I-601.

I-601A is the application form used by certain immediate relatives of U.S. Citizens to request a provisional unlawful presence waiver under Immigration and Nationality Act Section 212 (a)(9)(B) and 8 CFR 212.7(e).

The document allows the applicant to file the waiver before departing the United States and to receive a clearance before they appear at a U.S. Embassy or consulate for an immigrant visa interview.

On April 25th, USCIS released a reminder to all I-601A applicants that the USCIS will not accept the form unless it includes the proof of application form fee. It is important for all I-601A applicants to provide an application fee receipt payable to DOS.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

VISA BULLETIN ROUND-UP: MAY 2013 VISA BULLETIN - SPRING SIGNALS SPRINGING FORWARD FOR SOME VISA CATEGORIES.
   

The May Visa Bulletin brings a breath of relief for all persons waiting in queue for green cards through employment. The worldwide EB-3 category jumps forward 5 months to December 1, 2007. What's more is that EB-3 workers born in the PRC are no longer hampered by the 7% per-country quota.  Unfortunately, EB-3 workers born in India are not so fortunate.  Their category advanced only 2 weeks.


The EB-3 category for Filipinos moves ahead only 1 week. The worldwide EB-2 category remains current (no backlog), but the EB-2 PRC advances 6 weeks, EB-2 for India does not move at all.  Hopefully, Congress will eliminate all per-country quotas for EB workers this year.