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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.
IMMIGRATION REFORM BILL REACHES SENATE FLOOR.
ICE (AUDITS) IN THE SPRING AND SUMMER: When Immigration and Customs Enforcement (ICE) issues a Notice of Inspection (NOI).
LATELY (SPRING 2013): WHAT YOU NEED TO KNOW ABOUT THE I-9 FORM PROCESS BUT WERE AFRAID TO ASK.
DHS SUPPORT TO THE SYRIAN F-1 STUDENTS.
DOS NEW RULE ON IMMEDIATE FAMILY MEMBERS AS G NONIMMIGRANTS.
EXTENSION OF TPS FOR SYRIAN NATIONALS.
JULY VISA BULLETIN IS OUT!!!
IMMIGRATION NEWS AND VIEWS [NEW SERIES FROM NPZ LAW GROUP, P.C]: Intro and I-9 Services of NPZ Law Group, P.C., Comprehensive Immigration Reform.
IMMIGRATION NEWS AND VIEWS [NEW SERIES FROM NPZ LAW GROUP, P.C]: New I-9 Form, I-9 Investigations and Audits, I-9 Form Nuances, E-Verify.
CALLING ALL RESEARCHERS FROM INDIA!
NEW PASSPORT OFFICES IN CANADA.
FILING ONLINE WITH CIC.

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.
 
 
 
Comprehensive Immigration Reform (CIR) updates 
 
The Senate Judiciary Committee's recent endorsement of the proposed Comprehensive Immigration Reform Bill was a key step towards solving the problem that has bedeviled the nation for decades. That was noteworthy in itself, but what was truly encouraging was that the Bill was backed by three of the committee's eight Republicans. That bipartisan support that was previously shown for the Bill is likely to help it survive the battle that it will see on the Senate floor.
 
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Quick Links
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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 

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Dear Readers:

Yes, it is true that the REFORM STORM in Washington D.C. marches on. NPZ Law Group continues to monitor U.S. immigration law issues for our readership on a daily basis. The Bill is now in the process of being debated on the Senate Floor. The House is introducing its own Immigration Reform Bill (and this can be very bad). However, we remain cautiously optimistic that Congress will be able to pass common sense immigration reform that will unify families and provide a secure border in the 21st Century.

As an aside to the "Immigration Reform Storm" our business immigration law clients continue to be struck by PERM RFE/Audit tornados. Recently, we received guidance regarding RFEs from CIS about how alternate degree and experience requirements are stated on the ETA 9089 and how those requirements are interpreted in adjudicating I-140 EB-3 skilled worker petitions.

The situation arises most commonly where the stated minimum requirement for the position is a bachelor's degree, but the beneficiary obtained a 3-year bachelor's degree (common in certain countries). In particular, where no alternative requirement is in H-8 on the ETA 9089, but degree equivalency language is included in H-14, NSC has stated that the information in H-14 appears to contradict the "no alternative requirements" indicated at H-8.

The American Immigration Lawyer's Association (AILA) has a Liaison function that monitors these issues. AILA Liaison, as confirmed that the Board of Alien Labor Certification Appeals (BALCA), reported that information included in H-14 is intended clarify and not contradict information provided in the more limited checkbox format provided elsewhere in Section H. Thus, Service Center Operations (SCOPS), recently reaffirmed that the policy is to review the entire ETA 9089 to determine the employer's intent as to the requirements for the position.

While it appears that NSC will continue to interpret information provided in H-14 as clarifying the job requirements, the NSC also suggested the following method for more clearly indicating job requirements where a bachelor's degree is required, but an alternative to a U.S. bachelor's degree or a foreign equivalent degree (e.g., a 3-year bachelor's degree), is acceptable:

In addition to checking "Bachelor's" in H-4, the employer should check "yes" in H-8 that an alternate level of education ("other") is acceptable. Section 8-B should set forth the acceptable alternate level of education. If the space is too limited, an asterisk ("*see H-14") could be used to direct an examiner to section H-14, where the alternate combination of education and experience could be explained in greater detail.

The foregoing guidance is likely to assist with the preparation of PERM applications for clients and their employees. If you, or any member of your staff, should have questions about the PERM Labor Certification process or specifically about the use of a three year degree as a minimum requirement in a PERM application, please contact our offices at 201-670-0006 (x107) or you can feel free to e-mail us at info@visaserve.com
IMMIGRATION REFORM BILL REACHES SENATE FLOOR:  The Reform Storm Marches On. 

The Comprehensive Immigration Reform Bill made it to the floor of the Senate. The provisions of the Bill are now being debated. Amendments are being offered.  

 

The Senate Judiciary Committee's recent endorsement of the proposed Comprehensive Immigration Reform Bill was a key step towards solving the problem that has bedeviled the nation for decades. That was noteworthy in itself, but what was truly encouraging was that the Bill was backed by three of the committee's eight Republicans. That bipartisan support that was previously shown for the Bill is likely to help it survive the battle that it will see on the Senate floor.

 

How to "fix" immigration has been debated for years. Then-President George W. Bush tried twice to get congressional support for a comprehensive immigration bill, but both times it was derailed. After initially ignoring the issue, President Obama is now backing legislation that incorporates many long-time reform goals.

 
ICE (AUDITS) IN THE SPRING AND SUMMER: When Immigration and Customs Enforcement (ICE) issues a Notice of Inspection (NOI).
When Immigration and Customs Enforcement (ICE) issues a Notice of Inspection (NOI) to audit a company's Employment Eligibility Verification forms (Form I-9 or I-9 Form), the company will often panic and want to jump right into things. However, a careful response to an NOI can set the tone for the rest of the ICE audit process.

This practice pointer is general in nature. It is important to note that an I-9 audit or investigation by Immigration and Customs Enforcement (ICE) will be affected by a number of variables, such as the ICE office, the ICE officer who is assigned to the case, and local rules and the know-how of the assigned Auditors (among other things.

The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. continues to work with its employer clients across the country to attempt to reduce prospective exposure for I-9 Form liabilities and to avoid the pitfalls of I-9 audits and investigations by ICE. We also assist employers with the E-Verify process and provide counseling with regard to Social Security Mismatch issues and IMAGE.
 

For more information about the Employment Verification Process, the M-274, Employer's Handbook or the I-9 Form Audit or process, please feel free to contact the immigration lawyers and attorneys at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. by e-mail at info@visaserve.com or by calling us at 201-670-0006 (x100). 
LATELY (SPRING 2013): WHAT YOU NEED TO KNOW ABOUT THE I-9 FORM PROCESS BUT WERE AFRAID TO ASK.
On April 11, 2013, the AILA Verification and Documentation Liaison Committee met with the USCIS Verification Division and with ICE Homeland Security Investigations regarding the implementation of the new I-9 Form.
 
During the meeting Agency responded to many questions raised which involves various practice tips. We are pleased to be able to provide these tips to our readership.  
 
DHS SUPPORT TO THE SYRIAN F-1 STUDENTS.
Due to civil unrest in Syria since March, 2011, many Syrian F-1 students in U.S are facing economic hardship. Recently DHS has taken action that provides temporary relief to Syrian F-1 non-immigrant students that will help the students to obtain employment authorization, work an increased number of hours while school was in session, and reduced their course load, while continuing their F-1 student status.
 
DOS' NEW RULE ON IMMEDIATE FAMILY MEMBERS AS G NON-IMMIGRANTS.
DOS final new rule, effective from June 5th, 2013, gave qualified immediate family members of A-1 or A-2 nonimmigrants the ability to be independently classified as G-1, G-2, G-3 or G-4 nonimmigrants.

This new rule is being transmitted to allow family members of employees of bilateral missions to work at international organizations in a visa status that reflects their position with the international organization.

 
EXTENSION OF TPS FOR SYRIAN NATIONALS.
Recently DHS issued a notice extending the existing designation of Syrian nationals for Temporary Protected status (TPS) for 18 months through March 31st, 2015.

All applicants can obtain the TPS extension as long as they meet the terms and conditions of TPS Status.

The redesignation of Syria will allow additional individuals who have been continuously residing in the U.S since to obtain TPS, if eligible.

 
VISA BULLETIN NEWS: THE JULY VISA BULLETIN IS OUT! NOW IT IS YOUR TURN TO CHECK IT OUT!  

Contrary to predictions by some of our colleagues, there has not been a significant advance in priority dates in the EB-2 category for India. An advance may occur in August or September. We will do our best to keep you posted. Here is what we have for July, 2013 . . .

EB-1: All EB-1 categories remain current.  

 

EB-2: Foreign nationals in the EB-2 category from all countries other than China and India remain current. A cutoff date of August 8, 2008, reflecting minor forward movement, has been imposed for foreign nationals in the EB-2 category from China. A cutoff date of September 1, 2004 remains in effect for foreign nationals in the EB-2 category from India.  

 

EB-3:There is continued backlog in the EB-3 category for all countries, with considerable forward movement for EB-3 individuals chargeable to countries other than India and the Philippines.  

 

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:  

 

China: January 1, 2009 (forward movement of 122 days) 

 

India: January 22, 2003 (forward movement of 14 days) 

Mexico: January 1, 2009 (forward movement of 122 days) Philippines: October 1, 2006 (forward movement of 9 days) 
Rest of the World:
January 1, 2009 (forward movement of 122 days)

 

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT IMMIGRATION LAW ISSUES.
Introduction and Form I-9 Services of NPZ Law Group, P.C. and Comprehensive Immigration Reform and I-9 Issues - David H. Nachman, Esq. and Felicia Zeidman, Esq.  

Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. presents our new "Immigration News and Views" on YouTube. These segments are not legal advice. They are to keep the public updated about various U.S. and Canadian and Indian Immigration Law Issues.  

 

Please feel free to visit our VISASERVE website. For more information about our I-9 Form services or other business immigration law issues, please call us or send us an e-mail.  

IMMIGRATION NEWS AND VIEWS FROM NPZ LAW GROUP: New I-9 Form, I-9 Investigations and Audits by ICE, I-9 Form Nuances, E-Verify and IMAGE. How to Avoid ICE Penalties for Paperwork Violations.  

David Nachman, Esq. and Felicia Zeidman, Esq. explaining to employers the nuances in the I-9 Form preparation and retention process. I-9 Audits and Investigations by the U.S. Department of Homeland Security, Immigration and Customs Enforcement Office. Nachman Phulwani Zimovcak (NPZ) Law Group assists employer clients by helping them to be alert to I-9 Form retention issues, non-technical violations, paperwork violations, corrections to I-9 Form mistakes. We assist HR Managers and Professionals across the U.S. navigate I-9 Form nuances.
CANADIAN IMMIGRATION LAW UPDATES: NPZ NEWS FROM NORTH OF THE BORDER. 
ALSO, NPZ'S CANADIAN DIVISION WEBPAGE HAS A NEW LOOK . . . TELL US WHAT YOU THINK!
CALLING RESEARCHERS FROM INDIA!
The Canadian research industry is heavily boosted by international interns. Are you considering doing research in Canada? This could also be a first step to becoming a permanent resident of Canada. Laura Armstrong, of the Ottawa Citizen, writes that Globalink is now Indian's students first choice when it comes to research experience abroad.
 
NEW PASSPORT OFFICES IN CANADA.
The process to obtain a passport in Canada may change significantly as of July 2, 2013. Primary responsibility for Passport Canada will move from the Department of Foreign Affairs and International Trade to Citizenship and Immigration Canada (CIC). The decision was felt to be in line with the duties CIC already performs, such as determining Canadian citizenship.
 
FILING ONLINE WITH CIC.
As if June 2013, over four million people have been helped by CIC'snew online Help Centre since it was launched just six months ago. "The government is committed to improving service and the new online Help Centre is part of that plan," said Minister Kenney. "People have questions about how to come to Canada and this new user-friendly and convenient Web tool provides the practical information that they need in a quick and effective manner."