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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.
USCIS FACT SHEET ON NEW AND REVISED E-VERIFY MOUs.
AGAIN THE QUESTION ARISES . . . WHEN WILL THE CIR BILL BE LAW?
USCIS TEMPORARY ACCOMMODATION FOR H-2A PETITIONS EXPIRE.
USCIS NEW SECURITY ENHANCEMENT FOR E-VERIFY.
PADILLA CASE JUDGMENT ADDED A RULE TO FEDERAL RULES OF CRIMINAL PROCEDURE.
WHAT TO CONSIDER AS "PROFESSIONAL OR TRADE ORGANIZATIONS" FOR PERM APPLICATIONS?
VISA OFFICE UPDATE ON PRIORITY DATES AND DEMAND DATA - DECEMBER 2013.
H-3 TRAINEES: ARE TRAINEES GOOD FOR YOU AND YOUR BUSINESS?
RELIGIOUS WORKER VISAS: MAKE SURE YOU KNOW WHAT YOU CAN AND CANNOT DO.
SECONDARY INSPECTIONS: KNOW THIS PROCESS IF YOU TRAVEL TO/FROM THE U.S. AND/OR CANADA.
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 CAP CASES 
 
 
 
changing status for F-1 students on OPT (Optional Practical Training), validity time frame of H-1B visa, exceptions to validity of time frame of visa, h-1b audits and RFE's, transferring location while on H-1B, periods of time-off while on H-1B (benefiting) 
 

  

Temporary Visas & Employment Based Visas 

  

 
 
Filing I-130 immediately after entering on a B-2 visitors visa, preconceived intent, long waiting times for employment based applications, cross charge ability, priority dates and cut-off dates, traveling on green card. 
 
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UPCOMING EVENTS

WEBINAR SERIES: CONSULAR PROCESSING FOR EXPERTS.

  

Registration Deadline: November 25, 2013

  

Seminar Outline

  

1. Third Phone Session on December 26 - Immigrant Visa Consular Processing

  

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

  

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


HOT TOPICS IN FAMILY IMMIGRATION LAW PRACTICE

 

Where: 

 

 

Law Center,  

 

 

New Brunswick, New Jersey

 
When: 
January 30th, 2014 from 9:00 AM to 12:30 PM
 

 

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:: 201-670-0006 (X100)

Dear Readers:

First and foremost, Happy Thanksgiving to all of our loyal readers. As many know, one of our Managing Attorneys, David Nachman, Esq., just returned from working in India for several weeks. He attended meetings with the U.S. Consular Officers at the Consulates in New Delhi, Chennai and Mumbai as part of a delegation from the American Immigration Lawyers Association (AILA). At the Consulate Offices he received a tour of the visa processing operations. He was updated about nuances of visa processing by "Consular Team India" (CTI) and he met with Senior Officials in each of the offices. 
 
One consistent message that was sent by CTI was that they consider themselves to be in the "visa facilitation" business. The Consular Officers stated that the visitor visa and student visa approval rates improved dramatically at the U.S. Consular Offices in India. Furthermore, they were proud to announce that, over the past several years, work visa approval rates increased. On the other hand, upon inquiry, the delegation was still provided with vague and/or nebulous responses regarding 221(g) Administrative Processing Holds. However, when requests have been made from NPZ about Administrative Processing, we have generally, within 24 hours, received a response from CTI. 
 
The U.S. Consulates were proud to explain that they have increased their "efficiency and consistency" using various forms of technology. Another policy that was discussed by Consulate Officials was the goal of "transparency" in the visa application process. As an example of efficiency, Consular Officers cited decreased wait times - with the typical wait at each consulate being less than 45 minutes. As an example of consistency, Consular Officers cited to the collaborative process that exists between the Offices that compose CTI. Finally, as an example of transparency, Consular Officers pointed out that they were speaking to us (something that they would be reticent to have done in the past). 
 
The most valuable part of the delegation's visits to the Consular Offices was the opportunity for Mr. Nachman to have lunch and to socialize with the Senior Consular Officers at each of the U.S. Consulate Offices in Mumbai, Chennai and in New Delhi. Through this forum he had the opportunity to ask questions and to probe CTI Officers about motivations and Consular Processing nuances. 
 
While Mr. Nachman was in transit to the U.S. from our affiliated Mumbai Office, the highest court in New York ruled that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court noted that "deportation is a plea consequence of such tremendous importance, grave impact and frequent occurrence that a defendant is entitled to notice that it may ensue ... Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony." 
 
When Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996, many more minor crimes became grounds for automatic deportation. Moreover, Congress largely stripped prosecutors of the discretionary ability to prevent the deportation of noncitizens who pled guilty to such crimes, making deportation "practically inevitable," regardless of whether people have been here legally for many years, have U.S. citizen family members or children, or make significant contributions to their communities. 
 
Many immigrants, both documented and undocumented, who are deported due to criminal convictions have pleaded guilty, often without advice about the immigration consequences or any legal representation at all. Courts have begun to recognize that deportation is an exceptionally harsh consequence of pleading guilty to relatively minor crimes, and has become so common and unavoidable that defendants must be warned by both judges and attorneys. 
 
The decision of New York's highest court builds on the case of Padilla v. Kentucky, in which the Supreme Court decided that, due to the increasing harshness and inflexibility of immigration law, criminal defense lawyers had an obligation to warn their clients of the possibility of deportation when advising them whether to plead guilty. Noncitizens, whether documented or not, are entitled to be warned of the severe punishment of "banishment or exile" before they plead guilty to crimes that will lead to automatic deportation. 
 
If you, your friends or family members should have any questions with regard to the Consular Processing Procedure or with regard to the impact of a "crime" on immigration status in the U.S. or Canada, please feel free to contact one of the immigration lawyers at the NPZ Law Group by e-mailing us at info@visaserve.com or by calling 201-670-0006 (x107).
USCIS FACT SHEET ON NEW AND REVISED E-VERIFY MEMORANDA OF UNDERSTANDINGS.  
On December 8th, 2013, USCIS will release a new revised fact sheet on E-verify Memoranda of Understanding (MOUs). These fact sheets are easier to read and understand. The E-verify enrollment has not changed. New users will be able to review and execute the new or revised version of MOU that applies to their access method during enrollment.
 
IMMIGRATION REFORM: AGAIN  . . . THE QUESTION ARISES . . . WHEN WILL THE CIR BILL PASS?
Action needs to be taken on the long-awaited Comprehensive Immigration Bill which lies  at the doorstep of the House for a long time. According to The Hill report "Halt Deportation" was urged by some of the attendees during President Obama's speech at the Betty Ong Chinese Recreation Center.

President Obama replied that "If, in fact, I could solve all these problems without passing laws in Congress, then I would do so,". It seems that Immigration Reform is gaining momentum and pressure is being placed on Congress to take action on Immigration Reform. As Congress only has a few working days left in 2013, CIR passage this year will be quite difficult. It is now in the hands of the House to decide if, and when, CIR will happen.  
 
USCIS ANNOUNCES THAT TEMPORARY ACCOMMODATION FOR H-2A PETITIONS EXPIRE.
On November 29th 2013, USCIS stops its temporary accommodation of allowing H-2A petitioners to file signed copy of form I-129, certified LCA. Starting from December 2nd 2013, USCIS will go back to its previous filling practice and will not accept any I-129 Forms for H-2A applications without certified TLC on blue security paper with original signatures.
 
 
***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq.,, one of the Managing Attorneys at NPZ Law Group, is the Former State of New Jersey Chapter Chair and Member of the AILA National Board of Governors. 
USCIS ANNOUNCES NEW SECURITY ENHANCEMENT FOR E-VERIFY.
Recently USCIS announced enhanced security measures for it's E-verify program. Using these new security measures, USCIS can lock Social Security Numbers (SSN) that appear to be used fraudulently or frequently.

This new safeguard enables USCIS to lock a SSN that appears to have been misused, protecting it from further potential misuse in E-Verify. If an employee attempts to use a locked SSN, E-Verify will generate a "Tentative Nonconfirmation" (TNC).

 
PADILLA CASE HOLDING ADDS A RULE TO FEDERAL RULES OF CRIMINAL PROCEDURE.

The holding in Padilla vs Kentucky added a new rule to the Federal Rules of Criminal Procedure. According to this new rule, effective on December 1st 2013, a federal district court judge is required to inform the defendant and ensure that they understand that during the final plea meeting if convicted, a defendant who is not a United States citizen, may be removed from the U.S, denied citizenship and admission to U.S in future.

 

To READ MORE ON "PADILLA VS. KENTUCKY CASE JUDGMENT", PLEASE CLICK HERE . . . 

WHAT TO CONSIDER AS "PROFESSIONAL OR TRADE ORGANIZATIONS" FOR PERM APPLICATIONS?

A PERM application case recently heard by BALCA makes clear the definition of "Professional or Trade" organizations.  

 

Companies considering the use of a career website such as Dice.com for job postings for a PERM application are considered invalid and inappropriate by the Board of Alien Labor Certification Appeals.

  

TO READ THE "INTERESTING CASE OF PERM APPLICATION", PLEASE CLICK HERE . . . 

 

***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of which David Nachman, Esq.,, one of the Managing Attorneys at NPZ Law Group, is the Former State of New Jersey Chapter Chair and Member of the AILA National Board of Governors. 

DECEMBER VISA BULLETIN: VISA OFFICE UPDATE ON PRIORITY DATES AND DEMAND DATA.  

During a recent conversation with Charlie Oppenheim of the Department of State's Visa Office, the American Immigration Lawyers' Association (AILA) was provided the following information and updates regarding demand in the employment-based immigrant visa categories. Please note that these notes are based on Mr. Oppenheim's impressions at the time and are subject to change based on usage or new developments.

 

As of November 20, 2013, no additional EB-2 numbers will be allocated for EB-2 India adjustment of status applications for the rest of November. This means that no additional EB-2 India green cards can be approved with a priority date after November 2004 (the December Visa Bulletin's cutoff date), even though the November Visa Bulletin had not yet retrogressed. The November Visa Bulletin confirmed that as soon as retrogression was announced for December, it could take effect immediately.

 

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
H-3 TRAINEE VISAS: ARE TRAINEES GOOD FOR YOU AND YOUR BUSINESS?

Each H-3 petition for a trainee must include a statement that:
Describes the type of training and supervision to be given, and the structure of the training program;
Sets the proportion of time that will be devoted to productive employment;
Shows the number of hours that will be spent, respectively, in classroom instruction and in on -the-job training;
Describes the career abroad for which the training will prepare the foreign national;
Indicates the reasons why such training cannot be obtained in the foreign national's country and why it is necessary for the foreign national to be trained in the United States; and
Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.
RELIGIOUS WORKER VISAS: MAKE SURE YOU ARE SPIRITUALLY ENLIGHTENED AND KNOW WHAT YOU CAN AND CANNOT DO.

An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

IF YOU ARE TRAVELING TO/FROM THE U.S. . . . CONSIDER THE POSSIBILITY OF SECONDARY INSPECTIONS.

Q:    Will I be able to travel into or through the United States?    A:    Aliens seeking to lawfully enter into the United States must establish their admissibility to the satisfaction of the CBP officer. This is done as part of the inspection process. The reasons that a traveler who is applying for admission into the United States could be inadmissible are found in INA 212(a) ( INA: ACT 212 ) .