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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.
ARTICLE BY THE NPZ LAW GROUP:...HOUSE IMMIGRATION REFORM: PART I - 2013....AILA.
WHAT'S NEW AT THE U.S. DEPARTMENT OF STATE? DOS TRANSITION TO A NEW & ELECTRONIC DS-260.
SOME GOOD NEWS . . . SOME BAD:...DHS-OIG FINAL REPORT ON L-1 VISA - SITE VISITS TO BEGIN IN 2014?
KEEP LOOKING AT THOSE DATES: USCIS POLICY MEMORANDUM ON DIVERSITY VISA ACCEPTANCE.
HAPPY BIRTHDAY DACA:...THE USCIS RELEASES...DACA STATISTICAL UPDATES.
VISA BULLETIN FOR SEPTEMBER 2013 - PRIORITY DATES STILL ADVANCING.
MMIGRATION OPTIONS FOR VICTIMS OF CERTAIN CRIMES: THE U VISA - IS IT FOR U?
CAN I ANTICIPATE TRAVEL AND/OR CONSULAR WAIT TIMES? IS THERE A WAY TO PREDICT?
THE WORKING OF THE HAGUE CONVENTION:...CHILD ABDUCTION ISSUES ARE SERIOUS ISSUES.
HAPPY L:ABOR DAY TO ALL OUR LOYAL SUBSCRIBERS.
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.
 
Visa Denials (Fraud or misrepresentation - Waivers & provisional waiver). 

  

 

  

  There are many reasons why a visa application may be denied. In some instances, the application is denied because necessary information or supporting documents were not submitted by the applicant. In other instances, the application is denied for more serious reasons. An applicant's current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.

  

If denied a visa, the applicant is given a reason based on the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. For more information, review the complete list of visa ineligibilities in the Immigration and Nationality Act (INA), and amended laws.

  

F2A Category Being Current & Comprehensive Immigration Reform (If it does not pass),  Family-Based Petitions & Employment-Based Categories. 
 
 

There is good news for spouses and children (unmarried and under the age of 21) of lawful permanent residents, in the FB-2A category, this month! Starting August 1st, 2013 through at least August 31st, 2013, the FB-2A category has a current priority date for nationals all over the world.

    

 

This means that all foreign nationals who are the spouse or child (unmarried and under the age of 21) of a green card holder may apply for lawful permanent residence status immediately.  

 
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:: 201-670-0006 (X100)

Dear Readers:

If you tune in to our bi-monthly newsletter then you know how NPZ Law Group feels about immigrant entrepreneurs and how they have contributed to the U.S. economy. The statistics are staggering. Immigrants started 33 percent of U.S. venture-backed companies between 2006 and 2012 that went public. It is a fact that there is not a reliable immigration program for foreign entrepreneurs (who must overcome enormous legal difficulties in order to create businesses and drive innovation and job growth).

 

Immigrant-founded venture-backed companies create enormous value in the U.S. and yet, no immigrant entrepreneur visa exists. The current E-2 investor visa is often unavailable to entrepreneurs because it is limited to companies owned by nationals of countries with treaties with the U.S. Many countries do not have a treaty. One example is India (where the largest percentage of foreign entrepreneurs come from). As many know, the E-2 is a temporary visa valid for only 2 years, and does not generally provide a smooth pathway to the green card. Another business visa, the H-1B visa, is also often unavailable to entrepreneurs. The annual quota for the H-1B visa is only 65,000 and this quota has been exhausted before the end of the fiscal year for the past decade. This past year the H-1Bs ran out in about 5 days. The H-1B is even harder for entrepreneurs to use since recent policy changes forbid "self-employment" which prevents entrepreneurs from working at their own companies. Entrepreneurs often must first find work with other companies in the U.S. (who sponsor them), or find another avenue to come to the U.S., and then face endless bureaucratic obstacles.

 

Even if a foreign entrepreneur obtains employment at another company it is often impossible for the company to sponsor them because H-1B visas are unavailable and the green card process is expensive and plagued by backlogs that result in waitlists that are decades long for many nationalities. For Indians, the leading creators of successful foreign-founded venture-backed companies, wait times for permanent residency may be as long as 70 years. The process is also incredibly expensive, with the cost of an H-1B visa soaring. In fact, sponsorship through the H-1B and the green card process can be exorbitant. As an added hurdle, immigration applications can be denied and sponsoring companies are increasingly subject to site visits and audits, with 30,000 such compliance audits being conducted in FY 2010-2011. The lack of an entrepreneur visa continues to be a serious roadblock to U.S.innovation and economic growth. It seems obvious that a start-up visa would benefit the U.S.economy.  Recent statistics have been reported that a start-up visa, with an annual quota of 75,000, would create 1.6 million new jobs in the U.S. in ten years.

 

The Senate Immigration Bill (S.744), and the House Skilled Immigrant Worker Bill (H.R. 2131), address these issues. Both Bills propose: (1) an entrepreneur visa granting permanent residence; and (2) that the entrepreneur attract venture capital of at least $500,000; and (3) create at least five full-time jobs. The Senate Bill creates a temporary entrepreneur visa lasting 3 years that requires a $100,000 investment and the creation of 3 jobs. Both Bills also make other fixes, like raising the cap on H-1B visas, increasing the number of employment-based permanent resident visas, and eliminating the per-country caps that create backlogs. The Bills represent a crucial step towards creating a functional immigration system that will drive innovation, growth, and prosperity.

 

For more information about Nachman Phulwani Zimovcak Law Group, P.C. and the ways that the U.S. economy can be bolstered by the hard work of immigrant entrepreneurs, please e-mail to us at info@visaserve.com or call us at 201-670-0006 (x100).

ARTICLE BY THE NPZ LAW GROUP:  HOUSE IMMIGRATION REFORM: PART I - 2013.
AILA (American Immigration Lawyers Association) has provided its take on "House Immigration Reform" which covers various topics including Legalization of undocumented aliens, provisions in Senate Bill S.744 passed by the Senate. What is happening in the House on Immigration Reform? This article looks at the Legal Immigration System - Family and Business, Employment Immigration, Skills Act, Agricultural Guest worker Act, Border Security plans, and how Border triggers to Legalization, Interior enforcement and detention and deportation of individuals in unlawful status, Employment Verification and Legal workforce Act HR 1772, and other issues.
 
WHAT'S NEW AT THE U.S. DEPARTMENT OF STATE? DOS TRANSITION TO A NEW & ELECTRONIC DS-260.
Recently, the U.S. Department of States (DOS) reported the transition of the DS-230 Form to a new electronic DS-260 for Immigrant Visa Applications effective on September 3rd, 2013. Until now, the DS-260 Form was being used  at a few selected Consulates. The National Visa Center (NVC) may instruct some applicants who previously submitted Form DS-230 to submit Form DS-260. Only Diversity Visa and Cuban Family Reunification Parole applicants will continue to use the paper forms. Generally, if the  DS-230 has already been submitted and accepted, the applicant will not need to complete the DS-260 UNLESS instructed to do so by the NVC or a Consular Officer.

 


 . . . You can access your saved application by returning to the Consular Electronic Application Center (CEAC) website and selecting View/Edit from the IV and Alien Registration section of the Immigrant Visa - Summary Information screen. You will then be provided with a list of all applicants in your case along with the status of each application (NOT STARTED, INCOMPLETE, or SUBMITTED). To continue updating an incomplete application, simply click on the "Edit" button to the right of the application's status.

SOME GOOD NEWS . . . SOME BAD: 
DHS-OIG FINAL REPORT ON L-1 VISA - SITE VISITS TO BEGIN IN 2014? IT IS LOOKING THAT WAY.   

The L-1 visa is one of many visa types that require an approved petition. Before a foreign traveler can apply for such a visa, a multinational company (the petitioner) must submit a petition (Form I-129) to USCIS requesting that the USCIS make a determination that the intending traveler (the beneficiary) fits within the L-1 visa category. USCIS examines the qualifications of both the petitioner and the beneficiary and refers to the requirements imposed by the law, and either approves or denies the request.

 

"Senator Charles Grassley requested that the Department of Homeland Security (DHS) Office of Inspector General examine the potential for fraud or abuse in the L-1 intracompany transferee visa program." It is argued that the New regulations / recommendations suggested in the final report will improve the integrity of the L-1 Visa Program.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
KEEP LOOKING AT THOSE DATES: USCIS POLICY MEMORANDUM ON DIVERSITY VISA ACCEPTANCE.
On August 9th, 2013, USCIS issued a policy memorandum confirming the listing of the advance notification of Diversity Visa (DV) availability in the visa bulletin which enables the filing of DV adjustment applications. The Policy memorandum provides updated guidelines to ensure uniform acceptance of applications for adjustment of status under the Diversity Visa category.
 
HAPPY BIRTHDAY DACA:  THE USCIS RELEASES 
DACA STATISTICAL UPDATES.  

It has been about a year since USCIS has started accepting DACA applications. DACA also considered one of the most generous immigration programs to date that have been implemented under President Obama's Administration.  

 

Recently the USCIS released statistical updates on the DACA process from the beginning of the program through July 2013. A total of 552,918 requests have been received through July 14th 2013.  

 

California ranks at the top of all States for DACA requests that have been received - followed by Texas and Illinois. Out of 552,918 DACA applications submitted, 421,649 applicants are from Mexico origin.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

VISA BULLETIN FOR SEPTEMBER 2013 - PRIORITY DATES STILL ADVANCING.  
When their priority dates become current, adjustment applicants with pending cases may need to provide supplemental documentation so that U.S. Citizenship and Immigration Services can finalize their cases. Applicants could be asked to provide updated job letters from their employer-sponsors, and may need to attend another biometrics appointment so that new fingerprints can be taken.

Applicants should also be prepared for the possibility of an adjustment interview at a local USCIS office. Though interviews are not routine in employment-based cases, agency adjudicators have the authority to refer specific cases for local office interviews.

Eligible Indian EB-2s who do not have an adjustment application on file with USCIS will need to act quickly if their priority date becomes current because the chance to file an adjustment may be brief. It is not known how many EB-2 India visa numbers will become available when the cut-off date advances, and many available numbers are likely to be captured by cases already on file, including an unspecified number of pending cases that have been upgraded from EB-3 to EB-2.

 

TO READ MORE, PLEASE CLICK HERE . . . 

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
IMMIGRATION OPTIONS FOR VICTIMS OF CERTAIN CRIMES: THE U VISA - IS IT FOR U?  
 

To apply for a green card as a U nonimmigrant, you must meet the following conditions:
You have been physically present in the United States for a continuous period of at least 3 years since the first date of admission as a U nonimmigrant and continue to hold that status at the time of application for adjustment of status.
You have not unreasonably refused to provide assistance in the criminal investigation or prosecution
You are not inadmissible under section 212(a)(3)(E) of the Immigration Nationality Act
You establish your presence in the United States is justified on humanitarian grounds, to ensure family unity or is in the public interest 
CAN I ANTICIPATE TRAVEL AND/OR CONSULAR WAIT TIMES? IS THERE A WAY TO PREDICT?  
 

Advance travel planning and early visa application are important. If you plan to apply for a nonimmigrant visa to come to the United States as a temporary visitor, please review the information provided. Then select the U.S. Embassy or Consulate where you plan to apply for specific wait time information . . .

THE WORKING OF THE HAGUE CONVENTION:  CHILD ABDUCTION ISSUES ARE SERIOUS ISSUES.  
 

The Hague Convention on the Civil Aspects of International Child Abduction, or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted by a parent from one member nation to another. Proceedings on the Convention concluded 25 October 1980 and the Convention entered into force between the signatory nations on 1 December 1983. The Convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence. 
WISHING ALL OF OUR LOYAL SUBSCRIBERS A . . .