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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.
IN NOVEMBER 2013 NPZ IMMIGRATION LAWYER, DAVID NACHMAN, ESQ., WILL VISIT INCREDIBLE INDIA.
U VISAS FOR VICTIMS OF CRIME (Part 1)
U VISAS FOR VICTIMS OF CRIME (Part 2)
BORDER-COACHING: HOW LAWYERS SHOULD ADVISE THEIR CLIENTS ABOUT ENTERING THE COUNTRY
WHAT ARE BORDER OFFICERS LOOKING FOR?
OCTOBER 2013 CONSULAR PROCESSING UPDATE: DS-160 FORM IS NOW MANDATORY WORLDWIDE.
VISA BULLETIN FOR NOVEMBER 2013
PERM: Does the Employer or the Employee Pay?
H-1B: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE CAP.
NPZ ATTORNEY, DAVID NACHMAN, ESQ., IS RECOGNIZED IN A RECENT 201 MAGAZINE SPREAD.
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., Ludka Zimovcak, 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.
 
H-1B AUDITS 
 

The USDOL audit procedure begins with the receipt of a letter from the USDOL Wage and Hour Division addressed to a specific person in the company's management requesting the production of certain documents relating to H-1B visas filed by the company.  

  
H-1B TRANSFERS  

 

 

The H-1B is not actually transferred from one employer to another when an individual changes a job, however. While we understand what people mean when they refer to an H1B transfer, we take this opportunity to explain the concept.  

 

  TRIP TO INDIA, U.S. CITIZENSHIP AND NATIONALITY

 

They will visit the U.S. Consulate Offices in New Delhi, Chennai and Mumbai. They will also be visiting clients and friends in Ahmadabad. They will be in India between November 9th 2013 and November 23rd 2013.  

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UPCOMING EVENTS 

 

THE IMAGE OF IMMIGRATION ENFORCEMENT

 

Speaker:

David H. Nachman, Esq.

 

Where:

Atlantic City Convention Center

 

When: 

October 28th, 2013

 

Time: 10:15 AM

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

 

------------------------

 

JOIN US FOR "ENGLISH VINGLISH" - SAVE THE DATE FOR THIS UPCOMING TEANECK INTERNATIONAL FILM FESTIVAL EVENT IN NOVEMBER: BOLLYWOOD COMES TO TEANECK, NEW JERSEY!!!

 

Film Screening Information:  

  

Time: 1:00 P.M. 

 

Date:

Sunday, November 17th, 2013 

 

Where: 

Teaneck Cinemas

503 Cedar Lane

Teaneck, NJ 07666

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

 
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:: 201-670-0006 (X100)

Dear Readers:

With the shutdown of the government in its second week, many immigration-related agencies continue to be closed, affecting availability of services and information necessary for applications for immigration benefits and litigation of immigration cases. Because multiple federal agencies play a role in contributing to the functioning of the immigration system, the impact of the shutdown varies from case to case and issue to issue, but the cumulative impact is placing additional strain on an already over-burdened system.

U.S. Citizenship and Immigration Services (USCIS) remains open and scheduled appointments are taking place because USCIS is funded by application fees rather than appropriations. The one major exception at USCIS is E-Verify, the online system for verifying the employment authorization of foreign nationals, which is funded by appropriations and therefore is suspended for the duration of the shutdown. Although employers might still use paper based methods for verifying employment, in some states, E-verify is mandatory- affecting hiring and threatening the economic recovery. While the agency has issued guidance suspending the '3-day rule' for verifying employment after hiring until after the shutdown, some employers are still afraid to move forward.

Even though USCIS will be accepting visa applications, many cases, such as H-1B petitions and labor certifications, involve the Department of Labor (DOL), whose services may be unavailable. For example, Labor Condition Applications (LCAs) are necessary for H-1B visa applications, and the iCert portal through which they are submitted is unavailable. This may force highly-skilled H-1B workers who cannot renew their visas into undocumented status. Electronic processing of labor certifications (also called "PERM"), which is necessary for processing green cards for foreign workers needed by U.S. employers, is also unavailable. The Office of Administrative Law Judges, including the Board of Alien Labor Certification Appeals (BALCA), which adjudicates appeals of labor certification decisions, is also closed, which means further delay for those challenging a decision.

The Executive Office for Immigration Review (EOIR), which manages the immigration courts, is functioning at a reduced capacity, further delaying cases and worsening the record-breaking backlogs in the immigration courts, where immigrants sometime wait years for hearings. All hearings for individuals that are not detained have been cancelled, and Legal Orientation Programs have been shut down.

The Department of State (DOS) will continue passport and visa operations as well as critical services to U.S. citizens overseas, as these are fee-funded. The Student and Exchange Visitor Program's (SEVP's) offices will remain open because SEVP is also fee-funded. Designated school officials and F and M students must continue to meet all regulatory requirements. Immigration and Customs Enforcement (ICE) will continue their detention and immigration enforcement activities.
 
We expect that Congress will resolve its issues soon. In the meanwhile, the Immigration Lawyers and Immigration Attorneys at NPZ will closely monitor developments caused by the government shutdown. For more information about the ways that we can assist you and/or the members of your family and/or your friends or colleagues, please feel free to contact us by e-mail at info@visaserve.com or you can call us at 201-670-0006 (x107). 

IN NOVEMBER 2013 NPZ IMMIGRATION LAWYER, DAVID NACHMAN, ESQ., WILL VISIT INCREDIBLE INDIA AND MEET WITH U.S. CONSULAR OFFICERS.   

Nachman Phulwani Zimovcak (NPZ) Law Group is pleased, once again, to announce that, during November 2013, prominent U.S. Immigration Attorneys and Representatives from the NPZ Law Group will be visiting India and meeting with corporate, and other, clients and with U.S. Consulate Officials. They will visit the U.S. Consulate Offices in New Delhi, Chennai and Mumbai. They will also be visiting clients and friends in Ahmadabad. They will be in India between November 9th 2013 and November 26th 2013.


 
If any of your friends, family residing in India would like to speak with NPZ Law Group, P.C. Immigration Attorney during their upcoming India Trip, please feel free to contact us at 201-670-0006 (x107) or by e-mailing us at info@visaserve.com
U VISAS FOR VICTIMS OF CRIME (Part 1) 

U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U nonimmigrant status (U visas) for fiscal year 2013. This marks the fourth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.  

 

Each year, 10,000 U visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U-visa petition requires certification of assistance from a law enforcement official.

 

FOR DETAILED INFORMATION AND FAQ's SUCH AS "WHO CAN" AND "HOW" TO QUALIFY FOR U-VISAS, PLEASE CLICK HERE... 

U VISAS FOR VICTIMS OF CRIME (Part 2) 

The U Visa non-immigrant status is set aside for the victims of certain crimes who have suffered substantial mental and physical abuse and are willing to assist law enforcement authorities investigating those crimes.

 

In part I of the article, we provided detailed information as to who qualifies for the U nonimmigrant procedure to request U status and other details. In this part of the article we continue to provide additional information relating to U Visas.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

BORDER-COACHING: HOW LAWYERS SHOULD ADVISE THEIR CLIENTS ABOUT ENTERING THE COUNTRY.

Our clients often ask us to "border coach" them prior to entry into the U.S. or Canada. This can be a difficult task for the most seasoned immigration attorney. There are simply so many unknown variables affecting how the border entry will go.   

  

Everything counts: What day you go, what time of day, what mood the officer will be in, and of course, what port of entry (border crossing) you will use. Sometimes, it seems that even the amount of airport or land traffic can affect a decision!

 

TO READ MORE ON BORDER-CROSSING COACHING AND ITS KEY ASPECTS, PLEASE CLICK HERE . . . 

 

 

POEs include crossings known to have customs or immigration services at the border. Other unattended roads which once could be used to cross the border are not included and it does not include closed ferry and rail crossings. 

WHAT ARE BORDER OFFICERS LOOKING FOR? 

When crossing at a Port of Entry, as a foreign national, you are questioned by an officer of either CBP (on the U.S. side) or CBSA (on the Canadian side). Initially, you are asked your nationality, and how long you will be are staying. Through these questions, the officer is assessing whether you are a visitor, or whether you need a special work permit or visa to do work in the USA or in Canada.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

 

 

Field Operations Offices provide guidance to their regional ports and ensure the dissemination and implementation of core CBP guidelines. These offices also provide for mission support functions within their regions; such as, resource management, equal employment opportunity, labor, employee relations, and other human resources management functions. 

OCTOBER 2013 CONSULAR PROCESSING UPDATE: DS-160 FORM IS NOW MANDATORY WORLDWIDE.  

The U.S. Department of State (DOS) announced that, effective immediately, the DS-160 Nonimmigrant Visa Electronic Application will replace the DS-156 Electronic Visa Application form (EVAF), the DS-156K (Nonimmigrant Fiance Visa Application), and the paper-based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) for processing K-1 and K-2 nonimmigrant visa (NIV) applications.

 

FOR DETAILED INFORMATON, PLEASE CLICK HERE . . . 

VISA BULLETIN FOR NOVEMBER 2013.   

For all countries except Mexico: F-2A preference remains the same as last month and Mexico retrogressed a week.

 

For all countries except India, China, Philippines, and Mexico: F-2B preference advanced 21 days with a Priority Date at the 22nd March 2006; F-4 category advances 14 days to Priority Date at the 22nd August 2001; EB-2 is current and, EB-3 has SIGNIFICANT movement with the Priority Date advancing 102 days to the 10th of October 2010.

 

For India only: The F-2B preference advanced 21 days with the Priority Date at the 22nd of March 2006; The F-4 category advances 14 days to a Priority Date at the 15th of June 2008 and EB-3 has no movement leaving the Priority Date at the 22nd of September 2003.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
PERM: Does the Employer or the Employee Pay?  

An employer must not seek or receive payment of any kind for any activity related to obtaining
permanent labor certification, including payment of the employer's attorneys' fees, whether as an
incentive or inducement to filing, or as a reimbursement for costs incurred in preparing or filing a
permanent labor certification application, except when work to be performed by the alien in connection
with the job opportunity would benefit or accrue to the person or entity making the payment, based on
that person's or entity's established business relationship with the employer.  
H-1B: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE CAP. 

The H-1B cap is one of the biggest concerns both for prospective employers and would-be employees. This is because for several years the number of H-1B petitions filed reached the maximum limit allowed of H-1B applicants within first few weeks. Even the 20,000 H-1B cap exempt slots for individuals with advanced degrees from US institutions were filled during the initial filing period.

NPZ ATTORNEY, DAVID NACHMAN, ESQ., IS RECOGNIZED IN A RECENT 201 MAGAZINE.