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.
ABCs OF H-1Bs (THIS IS PART VI OF AN VIII PART SERIES): THE CAP HAS BEEN REACHED: DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.
IS THE H-1B VISA BENEFICIAL FOR U.S. WORKERS AND, MORE GENERALLY, FOR OUR NATION'S ECONOMY?
VISA WAIVER LIST UPDATE: DESIGNATION OF CHILE AS A VISA WAIVER COUNTRY
RENEWAL UPDATES FOR DACA BENEFICIARIES.
PERM TRAVEL BUG ADVISORY - EMPLOYERS NEED TO BE CAREFUL ABOUT DISCLOSING TRAVEL FOR PERM.
VISA BULLETIN FOR MAY 2014 IS OUT!
ABCs OF H-1B PART I (C)...- PREVAILING WAGE ISSUES AND THE LCA.
ABCs OF H-1B PART I (D)...- H-1B SITE VISITS, PUBLIC ACCESS FILES AND LABOR CONDITION APPLICATIONS.
CELEBRATE THIS EASTER WITH A HEART FILLED WITH HAPPINESS, WARMTH, PEACE, JOY AND CHEER!
YOUR IMMIGRATION LAWYERS, MICHAEL PHULWANI, ESQ.  AND DAVID NACHMAN, ESQ. AND LUDKA ZIMOVCAK, ESQ., PROVIDE U.S. IMMIGRATION LAW UPDATES ON 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 iTV. Watch "YOUR IMMIGRATION LAWYERS" each week on iTV. Please contact us at  info@visaserve.com for additional U.S. immigration law information or about how to subscribe to iTV.
 
IIFA 2014 - H-1B Visas Petitions and what H-1B Employers and Employees need to know about the April 1st H-1B cap. 
  
 
 
H-1B Petitions and Visas: What is it; When to file; process of the H-1B; obligations of H-1B Employer and H-1B Employee; How long it takes to get approval for the H-1B nonimmigrant visa; getting tickets to IIFA in April - tickets are being sold through Ticketmaster 

  

IIFA Promotion  - Defense of Marriage Act (DOMA)|- The April 1st H-1B deadline.

 

 
  

 International India Film Awards - IIFA Promotion - DOMA - March 31st deadline to reopen cases that were previously filed but denied - H-1B deadline - premium processing vs. non-premium processing of H-1B visas for the April 1st start date - H-1B has dual intent which is the intent to go to U.S. and intent to go back to native country.

 

IIFA Promotion - H-1B SEASON.

  

 
 
Promotion of IIFA event, Tampa Florida; premium processing fee for the H-1B; approval and denial of the H-1B; Processing of H-1B; Be sure that employers prepare and maintain the public access file.  
 
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UPCOMING EVENT
 
U.S. Immigration Law Basics
 
When:
Thursday, June 26, 2014
 
Time: 
9:00 AM to 4:30 PM 
 
Where:
 
NJ Law Center
One Constitution Square
New Brunswick, NJ 
 
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:: 201-670-0006 (X100)

Dear Readers:

 

The results seem to be in! According to the USCIS there appear to have been 172,500 H-1B visas submitted within the first five (5) days after April 1st 2014. This is very close to the number of H-1B visas submitted in 2008. The Lottery or Random Selection for the H-1Bs for FY 2015 seems to be proceeding. While we are very pleased to see so many receipts for the cases that VISASERVE submitted for its clients, we are also deeply frustrated with the system in general. The H-1B program highlights many of the flaws in our current immigration system, particularly the lack of flexibility in responding to fluctuations in the economy, changes in business models, and evolving business needs.

 

As we have previously stated, filling critical positions has become nothing more than a roll of the dice, putting workers and their families, employers, and the country as a whole at risk of losing out on greater economic growth and prosperity. Multiply this problem many times over in the nation's handling of other kinds of employment and family visas and the failure to fully utilize the skills and talents of currently undocumented workers, and it becomes clear how far we have to go before we can take full advantage of the opportunities a robust and functional immigration system presents. It is clear that the U.S. immigration system requires reform. Immigration Lawyers took to Capitol Hill last week for the annual National Day of Action (NDA). Attempts were made by U.S. immigration lawyers nationwide to convince members of Congress how valuable immigration reform can be for our Nation. We continue to wait patiently for Comprehensive Immigration Reform (CIR)!

 

A few burgeoning tidbits in the immigration law arena . . . First, in early May the new N-400 Form will be the only Naturalization Application Form that will be accepted by the USCIS. Second, the U.S. Department of Labor (DOL) has issued additional PERM guidance with regard to disclosures about "travel" being undertaken by prospective green card employees. Employers must include in job descriptions, recruitment efforts, and on the Form 9089, any travel that may be required for the prospective job position. Third, August will mark the two year anniversary of the DACA Program. The USCIS has provided some helpful guidance about DACA renewals. Be sure to make your renewal in a timely manner so there is no lapse in work authorization.

 

Please make a note of the address change for our New York City Office. NPZ is now located at 108 West 39th Street, 8th Floor, Suite 800, New York, NY, 10018. Our location in Midtown (closer to Times Square) will greatly enhance our ability to be accessible for any clients that want/need to meet with us there.   

The highly-skilled U.S. and Canadian immigration lawyers and attorneys at NPZ Law Group continue to assist clients (individuals and organizations) with regard to visa petitions and applications and general immigration law compliance. We invite you to contact NPZ if you, your friends or your family members have any questions. We can be reached by e-mail at info@visaserve.com or you can call our offices at 201-670-0006 (x107).

ABCs OF H-1Bs (THIS IS PART VI OF AN VIII PART SERIES): CAP REACHED: DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA? By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

On Monday, April 7, 2014, U.S. Citizenship and Immigration Services ("USCIS") announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master's, for fiscal year (FY) 2015. Because of the surge of petitions that were filed, USCIS conducted a lottery (technically referred as "random selection process") on April 10, 2014, to determine which petitions received in the five-day submission period, the minimum time USCIS can accept petitions, will actually be considered. USCIS will soon start sending receipt notices for the petitions selected in the random selection process.

 

As expected, it is a very stressful time for thousands of potential H-1B workers. Until the prospective H-1B employers or their legal representatives start receiving receipt notices, and the dark clouds of uncertainty over prospective H-1B visa holders move past, the question worth asking and exploring is: "Do I still have a chance of getting an H-1B visa even if my H-1B petition does not make it to the H-1B cap?"

 

TO READ MORE ON "THE CHANCES OF GETTING AN H-1B", PLEASE CLICK HERE . . .  

IS THE H-1B VISA BENEFICIAL FOR U.S. WORKERS AND, MORE GENERALLY, FOR OUR NATION'S ECONOMY?
Every year during the month of April, U.S employers, intending to hire foreign highly-skilled professionals, keep their eyes on the H-1B visa program. The H-1B visa program plays a key role in growing the U.S. economy and creating new opportunities for native and foreign-born workers alike.

Recently, a guide was published by the American Immigration Council (AIC) which reveals data regarding the positive impact of H-1B visa program which creates more jobs and contributes to improving the U.S. economy.

 

VISA WAIVER LIST UPDATE: DESIGNATION OF CHILE AS A VISA WAIVER COUNTRY.

Effective on March 31st, 2014, Chile was added to the list of countries eligible to participate in Visa Waiver Program (VWP). This decision was made by the Secretary of Homeland Security, in consultation with the Secretary of State. 

 

Eligible citizens, nationals and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

RENEWAL UPDATES FOR DACA BENEFICIARIES.      

In September 2014 it will be the completion of initial two years of deferred action granted to early DACA beneficiaries by USCIS. Early recipients of DACA are due to expire under their own terms, and USCIS is actively preparing for the DACA renewal process so that eligible individuals can request and receive an extension of their deferred action without experiencing any lapse in their lawful presence or work authorization.

 

In late May 2014, USCIS anticipates publishing a new dual-use Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to allow for both initial and renewal requests, and updating Frequently Asked Questions with additional information.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

PERM TRAVEL BUG ADVISORY  - EMPLOYERS NEED TO BE AWARE OF DISCLOSURES ABOUT ANY TRAVEL FOR POTENTIAL GREEN CARD APPLICATIONS DONE USING THE PERM PROCESS.     

 If traveling (of any type) is included for the prospective PERM job, DOL requires the employer to add this job requirement in all components of the PERM process. It should be stated in the PERM ETA 9141 prevailing wage request, the ETA 9089, the job order, the notice of filing, and in the recruitment and advertising. It is important to clarify the type of travel required - e.g. whether the travel is "significant" or whether it is "incidental" to the duties of the prospective green card employee.

 

PLEASE VIEW THE VIDEO BELOW PRESENTED BY DAVID H. NACHMAN, ESQ. (MANAGING ATTORNEY AT NPZ LAW GROUP, P.C.) CONCERNING THE IMPACT OF A TRAVEL REQUIREMENT ON THE PERM APPLICATION.

 

 
THE VISA BULLETIN FOR MAY 2014 IS RELEASED.    

The May Visa Bulletin indicates minor forward movement of the cutoff date in the EB-2 China category and no movement in the EB-3 China category. The May Visa Bulletin also indicates minor forward movement of the cutoff date in the EB-3 India category and no movement in the EB-2 India category.   

 

From September through December 2013, the cutoff date for EB-3 individuals chargeable to the Rest of the World advanced by 2.75 years, and, from January through April, this cutoff date advanced by an additional 366 days.  

 

The May Visa Bulletin indicates a cutoff date of October 1, 2012, reflecting no movement of this cutoff date. This means that individuals in the EB-3 category chargeable to the Rest of the World with a priority date prior to October 1, 2012 may continue to file AOS applications or have applications approved in May 2014.

 

TO READ THE NUMBERS, PLEASE CLICK HERE . . .  

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
ABCs OF H-1B PART I (C) - PREVAILING WAGE ISSUES AND THE LCA - David Nachman, Esq. and Rabindra Singh, Esq., immigration lawyers at the NPZ Law Group, on YOUTUBE

The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed. To comply with the statute, the Department's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.
The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Effective January 4, 2010, employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPWC), or by accessing other legitimate sources of information such as the Online Wage Library, available for use in some programs.
The requirement to pay prevailing wages as a minimum is true of most employment based visa programs involving the Department of Labor. In addition, the H-1B, H-1B1, and E-3 programs require the employer to pay the prevailing wage or the actual wage paid by the employer to workers with similar skills and qualifications, whichever is higher.
The Department of Labor, Bureau of Labor Statistics (BLS) has provided wage data collected under the Occupational Employment Statistics (OES) program for use in the Foreign Labor Certification process since 1998. The wage data is available on the Foreign Labor Certification Data Center Online Wage Library (OWL), found at the following website: http://www.flcdatacenter.com/.

ABCs OF H-1B PART I (D) - H-1B SITE VISITS, PUBLIC ACCESS FILES AND LABOR CONDITION APPLICATIONS - David Nachman, Esq. and Rabindra Singh, Esq., immigration lawyers at the NPZ Law Group, on YOUTUBE


This year, employers not only have heard from ICE on I-9 audits, but they have also heard from USCIS (United States Citizenship and Immigration Services) specifically with regard to H-1B-related issues. USCIS claims that over 20% of H-1B employers violate terms of H-1B employment. In 2009, the agency launched the Administrative Site Visit and Verification Program, which includes random on-site inspections of H-1B employers. H-1B employers should be ready for an unexpected visit from USCIS.
Proper H-1B process includes preparing an H-1B Public Access File as the LCA is filed and updating it if there are changes in the H-1B employment.

CELEBRATE THIS EASTER WITH A HEART FILLED WITH HAPPINESS, WARMTH, PEACE, JOY AND CHEER!  

 

BEST WISHES TO YOU AND YOUR FAMILY, FROM OURS.

 

HAVE A VERY HAPPY EASTER HOLIDAY!!!!!