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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.
NOW THAT THE GOVERNMENT IS OPEN FOR BUSINESS WILL THE HOUSE OF REPRESENTATIVES ADDRESS IMMIGRATION REFORM?
ICE IN THE WINTER? EMPLOYERS NEED TO BE AWARE OF POSSIBLE I-9 FORM AUDITS.
DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA): MANY PRAY IT IS HERE TO STAY.
VISA BULLETIN FOR NOVEMBER 2013
PRACTICAL TRAINING FOR STEM STUDENTS...: AN IMPORTANT STEP FOR FOREIGN STUDENTS.
INFOSYS, INDIA'S LEADING IT FIRM, CITED FOR I-9 DEFICIENCIES AND GOVERNMENT ALLEGES MISUSE.
IS MY MARRIAGE A "VALID MARRIAGE" FOR U.S. IMMIGRATION PURPOSES?
"VISA OVERSTAYS" HAS REAL MEANING IN WORLD OF IMMIGRATION.
VISA BULLETIN FOR NOVEMBER 2013.
DUAL CITIZENSHIP FOR SLOVAKIAN CITIZENS.
THE I-140 PRIORITY DATE ESTABLISHED.
PRE-POPULATION OF SECTION 1 BY ELECTRONIC I-9 PROGRAMS IS PROHIBITED.
WISHING YOU A DIWALI FILLED WITH JOY AND A NEW YEAR BLESSED WITH PROSPERITY! - NPZ LAW GROUP TEAM.
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.
 
 
STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS 
 

 

Student Visas to H-1B visas:

OPT (Optional Practical Training) transferring to H-1B, CAP H-1B, CAP exemption, STEM visas, Employers filing or sponsoring while on OPT (Optional Practical Training), 

H-1B Filings:

Cap Gap, EAD and working during Cap Gap, Fees paid by employers and employees, Requirements for H-1B, Education and Experience requirements, Employer or Company requirements, Prevailing Wage, LCA issues 
 
ANNOUNCEMENTS, DENIALS OF NON-IMMIGRANT VISAS 
 

Announcements: Diwali Stamp, Teaneck International Film festival
Denials of Non-Immigrant Visas: denials of under 214 (b), changing visa application to immigrant visa or dual intent visas, type of dual intent visas, providing accurate information, qualifications of specific dual intent visas (H-1B)
 
H-1B QUALIFICATIONS 
 

  

Education & Experience equivalence, Position has to require at least a bachelors degree, degree & job position need to match, preparation of H-1B application, H-1B quota limitations, cap exemptions. 
 
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:: 201-670-0006 (X100)

Dear Readers:

This month the Nobel Prize winners were announced. Of the nine, four of them were immigrants. The high proportion of immigrant Nobel Prize winners emphasizes the significant contributions of immigrants to the sciences within the United States. These awards highlight the importance of immigrants to the vitality of sciences within the U.S. The three winners for Chemistry were immigrants who became American citizens. One immigrant honoree was the German-born Thomas C. Südhof who received his award for Physiology or Medicine along with two other Americans "for their discoveries of machinery regulating vesicle traffic, a major transport system in our cells."  According to a Professor at Harvard Medical School, their work is critical "for elucidating how Alzheimer's plaque and tangle pathology arises in the brain, especially at synapses."  Südhof, who immigrated to the United States on a post-doctoral fellowship in the 1980s, has done scientific work that made progress in our understanding of autism and is a member of Cure Alzheimer's Fund. 

 

The Institute for Immigration Research at George Mason University found that, since 1906, when the Nobel Prize was first egiven, "foreign born scientists and engineers are over-represented among Nobel Laureates in the U.S." Specifically, 32 percent of all U.S. Nobel laureates are immigrants. Interestingly, the U.S. has produced more science Nobel laureates than any other nation. Considering these numbers, it is not surprising that immigrants also make up more than 40 percent of STEM (science, technology, engineering, and math) students in American MA and PhD programs.  

 

It is increasingly difficult for these STEM graduates to stay in the United States due to difficulties obtaining a visa. The high proportion of immigrant Nobel Prize winners emphasizes the significant contributions of immigrants to the sciences in the U.S.  More than awards, immigrants make huge leaps in our understanding of the world. The work of these immigrant honorees is critical to every American who suffers from Alzheimer's or autism, or whose life has been saved because of a new drug developed with the help of immigrants. If our immigration system cannot meet the demands of scientific technology in the 21st Century, then we jeopardize the future scientific achievements of the United States.

 

For more information about the way that the NPZ Law Group brings highly-skilled doctors, scientists and researchers to the U.S., please feel free to contact us at info@visaserve.com or you can call us at 201-670-0006 (x100). Our immigration law professionals are ready to review your academic and experiential credentials and to assess your chances of immigrating to the U.S. in an appropriate nonimmigrant or green card classification. 

NPZ UPDATE: IN NOVEMBER 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 Gujarat. They will be in India between November 9th 2013 and November 26th 2013.


 
If any of your friends, staff or family (residing in India) would like to speak with an 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 
 
INDIA TRIP IN NOVEMBER 2013 AND STUDENT VISAS
 

U.S. Consulate Offices in Mumbai, Chennai and New Delhi. Discussions about 221(g), administrative holds, and 214(b).  
NOW THAT THE GOVERNMENT IS OPEN FOR BUSINESS WILL THE HOUSE OF REPRESENTATIVES ADDRESS IMMIGRATION REFORM? 

Now that Congress has ended the government shutdown and narrowly averted hitting the nation's debt ceiling, it should come as no surprise that immigration reform is back ON THE "FRONT BURNER". Supporters of reform are pushing for House leadership to bring a path to citizenship and other immigration bills to the floor for a vote.  

 

President Obama has called on lawmakers to improve the U.S. immigration system by the end of the year. "It's really important for the country. And now is the time to do it," Obama recently stated. Immigration reform, which has wide support even among Republican voters, still has a fighting chance, assuming that courage and common sense prevail.

 

TO READ MORE ON THE "CIR BILL ACTION IN UPCOMING MONTHS", PLEASE CLICK HERE . . . 

ICE IN THE WINTER? EMPLOYERS NEED TO BE AWARE OF POSSIBLE I-9 FORM AUDITS. 

No organization, no matter what the size, is insulated from the potential for an I-9 audit or investigation by the U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) office. NPZ Law Group continues to be called in to defend employers against civil and criminal fines and penalties for the unauthorized employment of foreign national workers in the U.S. It is critical that you, as a business owner, make sure that your I-9 Forms are being completed and properly maintained.

 

On November 6, 1986, the enactment of the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their employees and created criminal and civil sanctions for employment related violations. Section 274A (b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. § 1324a (b), requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986. 8 C.F.R. § 274a.2 designates the Employment Eligibility Verification Form I-9 (Form I-9) as the means of documenting this verification. 

 

TO READ MORE ON "ICE ACTIONS DURING AND AFTER I-9 AUDITS", PLEASE CLICK HERE . . . 

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA): MANY PRAY IT IS HERE TO STAY. 

It is time to clear-up misconceptions about Deferred Action for Childhood Arrivals (DACA). It is not true that individuals must be under 31 to be eligible for DACA. Any individual born after June 15, 1981 is within-and shall remain within-DACA's age requirements. Only individuals who were 31 years old or older on June 15, 2012 are ineligible for DACA.

 

The age requirements apply to initial applications as well as renewals. One of the only things we do know about renewals is that no one will age out. Thus, there currently are individuals in their early thirties who are eligible for DACA, and assuming the program continues on, over time, greater numbers of DACA recipients will be over 31.  

 

However, like a great deal of information in the immigration law arena, some articles and mistakenly claim that people over 30 or 31 don't qualify-this gets the age ceiling wrong and also implies that individuals can age out of eligibility.

 

 TO READ MORE, PLEASE CLICK HERE . . . 

STATE DEPARTMENT ACCEPTING DIVERSITY VISA APPLICATIONS THROUGH NOVEMBER 2ND.    

The U.S. Department of State is currently accepting applications for the 2015 Diversity Visa program (DV-2015, also known as the green card lottery). The DV-2015 application period, which runs from October 1 to November 2, marks the first time that applicants may include same-sex spouses in their initial applications or add spouses acquired after their initial registration.

 

Every year, the U.S. government makes available 55,000 permanent resident visas (5,000 of which are reserved for applicants under the Nicaraguan and Central American Relief Act of 1997) to citizens from countries with a low immigration rate to the United States. Winners are chosen in a computerized random selection. Entry is free of charge, and applicants must meet certain educational, health, and occupational requirements. 

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

PRACTICAL TRAINING FOR STEM STUDENTS: AN IMPORTANT STEP FOR FOREIGN STUDENTS.  

All foreign students gaining a degree from U.S academic institution might get eligible for Optional Practical Training called OPT. Students obtaining Science, Technology, Engineering, and Mathematics (STEM) Degrees are eligible for STEM OPT. USCIS, on October 6th, 2013, issued a policy memorandum about OPT for students enrolled in STEM Program.

 

The purpose of this memorandum is to clarify the eligibility requirements for a 17-month extension for Post-Completion OPT for F-1 students enrolled in STEM degree programs. The memorandum states that F-1 students engaging in post-completion OPT are eligible for a 17-month STEM extension even if they have not yet completed the thesis requirement (or equivalent) for their STEM degree. 

  

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

INFOSYS, INDIA'S LEADING IT FIRM, CITED FOR I-9 DEFICIENCIES AND GOVERNMENT ALLEGES MISUSE OF THE B-1 AND H-1B NONIMMIGRANT VISA   

Recently U.S Department of Homeland Security and U.S. Department of State entered into a settlement agreement with India's second largest software company, 'Infosys'. Many violations were highlighted by the DHS and DOS. The alleged violations allege that the company did not properly maintain I-9 Forms for most of of its foreign workers.   

  

It was also alleged that Infosys used its B-1 visa holder employees to perform local employment in the U.S which is considered an inappropriate use of the visa and that it obtained an unfair advantage over competitors, and avoided tax liabilities. 

  

TO READ MORE ON THE "SETTLEMENT AGREEMENT", PLEASE CLICK HERE . . .

 

WATCH THE VIDEO: UPDATE ABOUT H-1B AND B-1 VISAS: THE INFOSYS SETTLEMENT.


It was alleged that Infosys used its B-1 visa holder employees to perform local employment in the U.S which is considered an inappropriate use of the visa and that it obtained an unfair advantage over competitors, and avoided tax liabilities.

IS MY MARRIAGE A "VALID MARRIAGE" FOR U.S. IMMIGRATION PURPOSES?

The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage".  

 

Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

"VISA OVERSTAYS" HAS REAL MEANING IN WORLD OF IMMIGRATION.

Policymakers are calling for a solution to address those who have "overstayed their visas." However, the label of "visa overstays" is widely misused and misunderstood. The reality is that identifying visa overstays is an ambiguous, difficult task, a fact often overlooked in these debates.

 

Family members visiting their relatives, tourists and business travelers, and students frequently overstay their visas. Additionally, military spouses regularly enter and overstay their visas in order to adjust status, often due to well-meaning but erroneous advice. 

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

DOS 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.
DUAL CITIZENSHIP FOR SLOVAKIAN CITIZENS.   

Neighbouring Hungary passed a resolution on 26 May 2010, amending its own nationality law to allow any ethnic Hungarian living abroad (who was able to speak the Hungarian language) to seek Hungarian citizenship 
I-140 PRIORITY DATE ESTABLISHED.  

Once a priority date is established through the approval of an I-140 immigrant preference petition, the beneficiary is entitled to keep that priority date for all subsequently filed I-140 petitions, irrespective of the employer, occupation, preference category, or location. 
PRE-POPULATION OF SECTION 1 BY ELECTRONIC I-9 PROGRAMS IS PROHIBITED.

ICE Worksite Enforcement Supervisor once again explained how employers should approach pre-population of Section 1 on the Form I-9.  
WISHING YOU A DIWALI FILLED WITH JOY AND A NEW YEAR BLESSED WITH PROSPERITY!