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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. AND LUDKA ZIMOVCAK, ESQ. PROVIDE U.S. IMMIGRATION LAW UPDATES ON TV ASIA & ITV: VLOG & USCIS NEWS UPDATES ON THE WEB.
WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO H-1B WORKERS? [PART I]
ABCs OF H-1Bs (THIS IS PART I OF AN VIII PART SERIES):WHAT PROSPECTIVE H-1B EMPLOYERS AND H-1B EMPLOYEES NEED TO KNOW IN ORDER TO GET H-1Bs FILED AND APPROVED IN APRIL 2014.
RECENT IMPORTANT CHANGES TO NAFTA FOR MEXICAN PROFESSIONALS
BECOMING A U.S. CITIZEN SOON? Please Note that USCIS is Giving a Facelift to Form N-400, Application for Naturalization/Citizenship
INSIDE STORY ON H-1B VISA BENCHING VIOLATIONS
VISA BULLETIN FOR MARCH 2014 IS OUT!!!!!
TORONTO E-VISA APPLICATION SUBMISSION NEW RULE
TRAINING OF CONSULAR OFFICERS WHO HANDLE THE VISA PROCESSING AT THE U.S. CONSULATE OFFICES ABROAD.
MISSION INDIA / TEAM INDIA STRIVES FOR TRANSPARENCY AND CONSISTENCY IN THE VISA ADJUDICATIONS PROCESS ABROAD.
YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, 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.
 
Cut-off dates, CIR, H-1B, Treaty Visas for India? E-1 & E-2 visas. H-1B Professional and Specialty Visas for April 1st 2014. STEM OPT for students.
  
 
 
Cut-off dates; - CIR & 4th preference category; - Interview scheduling: Biometrics being taken waiver of interviews; Maintaining status through H-1B & Treaty visas; Articulation at interviews: explain clearly what you want; have knowledge about what the purpose of your trip is. E-1 & E-2 visas; what treaties pull under E-1 & E-2 visa; Lobbying of treaty with India. 

  

H-1B applications for fiscal year 2014 and Comprehensive Immigration Reform.  

 By way of background, each Fiscal Year (FY), Congress mandated an annual cap of 65,000 H-1B visas for "professional and specialty occupation workers" who possess the equivalence of a U.S. Bachelor's Degree. There are also an additional 20,000 H-1B visas available for individuals who possess the U.S. Master's Degree or other advanced degrees from U.S. Colleges or Universities.

Some cases are NOT subject to the cap. For example, Institutions of Higher Education and Government Research Organizations are H-1B Cap exempt organizations. It continues to be the case that H-1B visa petitions filed on behalf of current workers who have been counted previously against the H-1B visa cap are also not included in the annual cap. Additionally, pursuant to the Chile and Singapore Free Trade Agreement, 6,800 H-1B visas are available exclusively to Chile and Singapore Nationals. The Singapore/Chile numbers reduce the total allotment of H-1B visas available each fiscal year to 58,200.

Our offices continue to assist international students who are trying to obtain the H-1B nonimmigrant visa. We also assist employers with E-Verify applications, so that they can offer international students, who are working for them in Optional Practical Training (OPT), a 17-month STEM extension.

In 2008, there was a regulation that gave some assistance to international students in the U.S. who applied for H-1B during their OPT. At that time, a regulation was promulgated that provided "cap-gap" relief for F-1 students with approved H-1B petitions if the H-1B was filed while the student was still in a period of approved work authorization. In other words, F-1 student visa holders who received work authorization in OPT were permitted to extend the authorized work authorization and period of stay until October 1st as long as they have received an approved H-1B visa prior to the expiration of their OPT.

 
  
H-1B Petitions for fiscal year 2014, comprehensive immigration reform, cir, poverty guidelines for I-864, varied income, joint sponsor and asset liquidation considerations, ethics of the joint sponsorship, NVC issues, assets, CIR, pathway to citizenship, amendments to the I-129 H-1B Visa Petition. 
 
 
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:: 201-670-0006 (X100)

Dear Readers:
 

And the beat goes on . . . the immigration reform debate in the U.S. has been a lingering issue for decades and seems to be heating-up again for the Spring.  Last June, the Senate passed S.744 and it is now time for the House of Representatives (the "House") to act. Once these pieces of the puzzle are in-place then the White House can come-up with a responsible, comprehensive plan that will decrease our nation's deficit by over $1 trillion over the next two decades. Compromise on immigration reform is not only a humanitarian act that brings justice to millions of families that continue to pay their taxes (contributing to the nation's economic infrastructure). Immigration Reform will be an economic stimulus. Why do we know this? Well,  . . . history of course.

 

After 3 million undocumented workers were granted amnesty under the Immigration Reform and Control Act (IRCA) of 1986, studies found: (1) the education levels of IRCA immigrants increased substantially; and (2) poverty rates fell dramatically for IRCA beneficiaries; and (3) home ownership rates improved following IRCA. Those legalized under IRCA saw an increase in wages and the majority did not depend on government aid. These findings contradict the fear that granting amnesty to undocumented workers will increase the nation's unemployment and poverty rates.

 

It appears that there are approximately 11 million undocumented workers living in the U.S. today. Studies also seem to clearly show that the wages that will be earned by undocumented workers "translate(s) into an increase in net personal income of $30 to $36 billion, which would generate $4.5 to $5.4 billion in additional net tax revenue." The additional income acquired by these workers and their increasing consumption levels would be able to support 750,000 to 900,000 new jobs. The House needs to be reminded that there is both a monetary and human cost to doing nothing. By ignoring this issue, the U.S. will lose additional jobs and revenues that could be reinvested. Workers that come to America in search of a higher quality of living are not "job-takers, they're job-makers". The United States is losing jobs, revenue, and opportunities for American-born citizens by waffling on immigration reform.

 

The Early Spring is also a time when we turn our attention to the H-1B Season. As thousands of bachelor degree and advance degree professionals cue-up for the limited number of H-1B visas doled-out each fiscal year, we have to wonder who dreamed-up the H-1B-cap and how it is relevant to the true needs of the U.S. marketplace. USCIS reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period, which ended on April 5th, 2013. USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7th, 2013, USCIS used a computer-generated random selection process ("lottery") to select a number of petitions. Given that the H-1B cap was met by the first week of the filing period last H-1`B season, it is imperative that employers file all new quota-subject H-1B petitions on March 31st, 2014.       

 

For more information about Comprehensive Immigration Reform or about the H-1B nonimmigrant professional visa process, please contact one of our immigration attorneys or immigration and nationality lawyers at info@visaserve.com or you can feel free to call one of our immigration lawyers at 201-670-0006 (x107).

WHITE COLLAR EXEMPTIONS: DO EMPLOYERS NEED TO PAY OVERTIME COMPENSATION TO H-1B WORKERS? [PART I] By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra K. Singh, Esq.  

The H-1B visa program allows U.S. employers to temporarily hire non-immigrants to fill specialized jobs in the United States. Specialized occupations are those occupations that require a "theoretical and practical application of a body of highly specialized knowledge, and ...attainment of a bachelor's or higher degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States." Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first submit a Labor Condition Application ("LCA") to the Department of Labor (DOL) with the goal of obtaining DOL approval. DOL approval ensures that the employment of H-1B visa holder does not adversely affect wages or work conditions of U.S. workers, as required by the Immigration and Nationality Act.

 

TO READ MORE ON "OVERTIME COMPENSATION TO H-1B WORKERS", PLEASE CLICK HERE . . . 

ABCs OF H-1Bs (THIS IS PART I OF AN VIII PART SERIES):WHAT PROSPECTIVE H-1B EMPLOYERS AND H-1B EMPLOYEES NEED TO KNOW IN ORDER TO GET H-1Bs FILED AND APPROVED IN APRIL 2014.  By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

There are Only 58,200 Regular H-1B Visas: Do Not Delay - It's Now Time to Strategize for the H-1B Season.

 

The current annual cap on the H-1B category is 65,000. All H-1B non-immigrants are not subject to this annual cap. Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program specifically designed for the citizens of Chile and Singapore.  

 

Unused numbers in H-1B1 pool are made available for H-1B use for the next fiscal year. Thus, in effect, only 58,200 H-1Bs visas are granted each year except 20,000 additional H-1B visas which are restricted to individuals who have received master's degrees or higher from U.S colleges or universities.

 

U.S. Citizenship and Immigration Services (USCIS) reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period, which ended on April 5, 2013. USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption.
 
NAFTA UPDATE: RECENT IMPORTANT CHANGES TO NAFTA FOR MEXICAN PROFESSIONALS.

The Department of State (DOS) recently amended its regulations pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for Citizens of Mexico applying for nonimmigrant TN classification as NAFTA professionals. The rule reflects changes to the documentary and procedural requirements under the Immigration and Nationality Act, in implementation of NAFTA.

 
The rule is effective on February 10th, 2014. A citizen of Mexico wishing to come to the United States in TN classification no longer needs an approved petition to meet the qualification requirements, but may apply directly to the U.S. Embassy or Consulate abroad for a visa. The Consular Officer will adjudicate the eligibility for TN classification and, upon approval and issuance of a visa, the applicant may apply to the Department of Homeland Security for admission to the United States under TN classification.
 

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

BECOMING A U.S. CITIZEN SOON? Please Note that the USCIS is Giving a Facelift to Form N-400, Application for Naturalization/Citizenship.     

As part of an initiative to improve existing Forms, the USCIS responded favorably to suggestions received from the general public. The result is a recent revision of Form N-400, Application for Naturalization. The revised Form N-400 provides USCIS with additional tools to make important eligibility determinations, present customers with clearer instructions, and incorporate technology that improves efficiency and accuracy for both USCIS and its customers.

 
Please note that although the form is newly revised, the eligibility requirements for naturalization have not changed.
 

 

As always, the Immigration and Nationality attorneys of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. strongly encourage you to seek qualified immigration and citizenship assistance with regard to the preparation of any U.S. and/or Canadian immigration law process.  

 

"There are so many potential areas where a small, seemingly insignificant, error can end-up costing a great deal in time and effort to rectify. It is important to respond properly to each query posed on the Form." says David H. Nachman, Esq., one of the Managing Attorneys of NPZ Law Group, P.C., an Immigration and Nationality law practice which handles Naturalization and Citizenship matters for clients throughout the U.S. and around the world.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .  

A RECENT DOL CASE TELLS THE INSIDE STORY ON H-1B VISA LCA AND BENCHING VIOLATIONS .

Recently, a Final Judgment was rendered by the U.S Department of Labor (DOL) against the firm called "Greater Missouri Medical Pro-Care Providers, Inc." due to its involvement in the H-1B rules violations. 

  

Judgment was rendered against the H-1B employer in favor of one of the H-1B employees of Greater Missouri Medical Pro-Care Provider, Inc., for not paying the employee for time-off and making illegal deductions from the employee wages and requiring the employee to pay an alleged illegal penalty for ceasing the employment with the employer prior to a date agreed by both employer and employee. After a thorough investigation by the Administrator of Wage and Hour Division at DOL, it was noted that Greater Missouri Medical Pro-Care Providers, Inc. made several other violations of the Labor Condition Application (LCA).

 

Thus, LCA compliance issues are critical for the H-1B employer. In addition, the H-1B employer needs to be aware of potential LCA Audits as well as FDNS Site Visits. Doing an H-1B for a potential employee requires a great deal of specific detailed analysis and preparation for an H-1B employer. Employers need to be careful about getting the H-1B "on the cheap" as, in such cases, various DOL and other important compliance issues may not be appropriately addressed.   

 

TO READ THE ENTIRE STORY, PLEASE CLICK HERE . . . 

 

The Nachman Phulwani Zimovcak (NPZ) Law Group continues to assist its clients and others to understand the burgeoning areas of change in the H-1B visa arena and with regard to the U.S. immigration laws generally. If you, your friends, or family members have any questions about the U.S. immigration laws or need assistance with regard to an H-1B Visa Petition, please feel free to contact us by e-mail at info@visaserve.com or you can call us at 201-670-0006 (x107).

VISA BULLETIN FOR MARCH 2014 IS OUT!!!!!      

The March 2014 Monthly Visa Bulletin shows minor to moderate advancement of cut-off dates in all EB-2 and EB-3 categories, with the exception of EB-2 India, which will remain unchanged. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

  

At the end of fiscal year 2013, there were considerable advancements in cut off dates in the EB-2 and EB-3 India categories. In order to regulate the large increase in demand that followed, these cutoff dates retrogressed significantly in December. In January and February, there was no movement in the EB-2 or EB-3 India categories; meanwhile, the EB-3 China category continued to move ahead of the EB-2 China category. The March Visa Bulletin indicates no movement of the EB-2 India category, minor forward movement of the EB-3 India category, and continued advancement of the EB-3 China category ahead of the EB-2 China category.

 

As a result of continued heavy demand, a cutoff date for individuals in the family-based F-2A category from Mexico will retrogress to April 15th, 2012, while a cutoff date of September 8, 2013 will remain in effect for individuals in the F-2A category from all other countries. 

 
E VISA UPDATES FOR CANADA: TORONTO E-VISA APPLICATION SUBMISSION'S NEW RULE FOR PROCESSING.       

The DOS recently issued a notice for the Toronto Consulate regarding E-Visa applicants. According to notice, effective from March 1st, 2014, the U.S Consulate in Toronto will modify the E-visa application submission procedures to establish a more efficient and convenient process.  

 

New E visa applicants or E visa renewal applicants will e-mail a comprehensive package of information to the Consulate Office for review by consular staff at least two week in advance of applicant's interview appointment date.

 

FOR DETAILED INFORMATION ABOUT THE NEW E VISA PROCESS, PLEASE CLICK HERE . . . 

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
TRAINING OF CONSULAR OFFICERS.  WELL-TRAINED OFFICERS CAN ENSURE AN EFFICIENT VISA PROCESS AT THE U.S. CONSULATE ABROAD. 


Consular officers are highly skilled and highly motivated professionals who have been entrusted with the great responsibility of ensuring that the border security of the United States is enforced. In order to meet the high demand for nonimmigrant visas, consular officers process several hundred applicants a day in as courteous and efficient a manner as possible. This process can be stressful for both officers and applicants alike.Applicants, especially those to whom nonimmigrant visas are not issued, may sometimes feel that they were treated unfairly. The U.S. State Department greatly values customer service and trains its consular officers to uphold the highest level of service for each applicant. Applicants can and should expect to be treated courteously no matter the outcome of the visa interview. Likewise, consular officers wish to be treated respectfully, no matter the outcome of the visa interview. The consular adjudication process is rooted in US immigration law, and is not a capricious decision. The US State Department invests a considerable amount of its resources into the training of its consular officers. Every consular officer receives mandatory seven-week training in the application of US immigration law. The training consists of consular courses taught by senior consular officers, group projects and case studies, and observation sessions at airports to learn how visa holders are processed at the port of US entry. Weekly examinations measure the consular officers' progress and document their mastery of US immigration law. Once the consular trainees have completed their exams, they graduate and are officially commissioned by the US president with approval of the US Congress, to represent the United States as consular officers.

MISSION INDIA / TEAM INDIA. INDIA CONSULATE OFFICE STAFF WORK TO PROVIDE TRANSPARENCY AND CONSISTENCY IN THE VISA PROCESS.

For decades, the various American posts in India had processes as diverse as the Indian cities they inhabited, with unique procedures, local rules, and ways of doing business that at times caused confusion and wasted time.  But in September of 2009, U.S. Embassy New Delhi and the U.S. Consulates across India adopted an innovative approach to providing consular services.  Instead of working independently, consular units formed a larger team.  As part of Consular Team India, each consular operation functions as part of an India-wide system, not just a local outpost.  The success of CTI in unifying five geographically, culturally and linguistically diverse posts across an area one third the size of the United States with a population four times larger is a remarkable achievement.  But this is no top-down bureaucracy: each post in CTI has ownership of a specific consular function that covers all of India, giving each post a stake in CTI's overall success.  With a common base of information and shared responsibilities, the five offices continually share best practices, lessons learned, metrics, and find solutions to challenges collectively, a functioning example of the wisdom of the motto inscribed on the Seal of the United States: e pluribus unum - Out of many, one!  Today, each and every consular customer can expect to receive the same quality of consular services at every post in India - and as part of the CTI approach, for most services they can visit whichever post they find convenient, regardless of where in India they reside.  Through better coordination and communication, CTI ensures that U.S. and Indian clients can expect the same excellent service and familiar processes at Kolkata or Chennai, Hyderabad or Mumbai, or in the capital New Delhi.  This innovative approach is now being replicated in other large multi-post consular countries to better serve consular clients.  As members of CTI we are proud that the excellence we have created to India is now helping consular customers around the globe.