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.
THE WHITE HOUSE IS A-"BUZZ AGAIN" ABOUT IMMIGRATION REFORM - PERHAPS THIS SUMMER?
H-1B VISA UPDATES: H-1B PREMIUM PROCESSING...TO BEGIN ON APRIL 28, 2014...- OR IS IT?
ICE AUDITS AT CERTAIN SCHOOLS? ICE ANNOUNCES NEW FIELD TEAM MEMBERS TO VISIT SCHOOLS
CBP RELEASES FAQ's ON I-94...:...NOW A TRAVELER CAN LOOK BACK 5 YEARS AND AVOID A FOIA REQUEST
THE VISA BULLETIN FOR MAY 2014 IS RELEASED
BREAKING NEWS: New caps for Federal Skilled Worker, Federal Skilled Trades Programs, and Canadian Experience Class
H-1B Premium processing | N-400 in early May | DACA Extensions | H-4 visa | Entrepreneurial Programs
ATTEMPTS TO ADVANCE COMPREHENSIVE IMMIGRATION REFORM (CIR) IN THE HOUSE
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.
 
Cut off dates for April 2014, Immigration Reform Bill, Deportations are highest ever under Obama 
  
 


 Cut-off dates for April 2014, Immigration Reform Bill - administrative changes such as DACA, Provisional Waivers, Deferred Action for Military families, CSPA, Lobby groups pro-immigration; Deportations are highest under Obama 

  

Post H-1B filing, Changing to another nonimmigrant visa, Receiving an RFE for H-1B petitions or applications

  

 
  

- Post-H-1B filing: Options for those not selected, exemptions for the H-1B cap, those on OPT (STEM extensions)
- Changing into other nonimmigrant visa categories;
- Receiving RFE (Requests for Evidence) for H-1B petitions; queries involving businesses necessity to have H-1B applicant, educational equivalency and experience, submitting a strong application initially to avoid an RFE.  

 
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UPCOMING EVENTS
 
NJICLE: 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
 
* * * * * * *
 
NJICLE: Hiring, Retaining & Terminating Foreign Nationals - A Webinar 
 
When:
Tuesday, Sept. 30, 2014
 
Time:
12 PM to 1:40 PM
 
*******
 
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:: 201-670-0006 (X100)

Dear Readers:
 
Death and taxes, according to Benjamin Franklin, are the only things in life that are certain. And despite the prevailing myth perpetrated by nativist groups, there are plenty of undocumented immigrants facing the certainty of taxes on April 15. They pay billions in state and local taxes every year that help to fund benefits they are often unable to receive. Tax Day is a good reminder that if the House passed legislation to create a path to citizenship for undocumented immigrants, then it would increase the amount being paid in taxes each year while also creating a more fair system for immigrants.

One way that undocumented immigrants already pay taxes is through the day-to-day taxes of living in this country. According to the Institute on Taxation and Economic Policy (ITEP), undocumented immigrants paid an estimated $9.4 billion in the state property and sales taxes that fund schools, police and fire stations, roads, and public services within each state. Everyone who lives in or visits our country pays these taxes when they fill up their gas tank and buy items like a car,  house, or clothes.


As people who have filed taxes know very well, income taxes require reporting income. Payroll taxes are what employers are required to pay on their employees (such as Social Security and Medicare contributions). Undocumented immigrants, and many other people who don't have Social Security numbers, report income through their Individual Tax Identification Number (ITIN). Both state and federal governments receive taxes on undocumented immigrant's income and employment. ITEP estimates that "at least half" of undocumented immigrants pay state income taxes even though they lack legal status-an amount that totaled $1.24 billion in 2010. The Center for American Progress (CAP) estimates that "one-third of unauthorized immigrants working in the formal economy" pay more than $13 billion in payroll taxes.


What is true of both income and payroll taxes is that if Congress passed immigration reform, these numbers would only increase. ITEP's numbers estimate that state income taxes would rise to $2.8 billion if immigration reform and CAP argues that reform would add $109 billion in combined federal, state, and local taxes over a ten year period. Legal status would "provide a net contribution" to the Medicare trust fund "for the next three decades," totaling an estimated $155 billion. Social Security's trust fund would increase as well, to $606 billion. That number, as CAP points out, "is enough money to fund the retirement benefits of 2.4 million native-born Americans."


These numbers are part of the reason why CBO scores for both HR 15 and S. 744 have shown such benefits for the U.S. economy. The Senate has already passed comprehensive immigration reform. If the House does as well, then the U.S. could have a working immigration system and more money in the public treasury on Tax Days to come.


As a gateway to the United States, New York City has long been defined by the generations of immigrants who have made it their home. In a city of 8.3 million people, more than 3.1 million-38 percent of New York City's population-are foreign-born, according to the 2012 American Community Survey. And in the case of business ownership, immigrant entrepreneurs from around the world have played important roles in transforming and revitalizing many neighborhoods in New York City's five boroughs.

A new report from Americas Society/Council of the Americas, Immigration and New York City: Contributions of Foreign-Born Americans to New York's Renaissance, 1975-2013, focuses on the role immigrants played in transforming the city following its near bankruptcy in the mid-1970s.

For a city with a long history of opening its doors to newcomers from around the globe, the report's findings are telling. In the years since New York was on the brink of bankruptcy in the mid-1970s, immigrants have become a driving force in the city's dramatic turnaround, playing a pivotal role in making the city more safe and attractive to new residents.


For more information about the value added by immigrants to the U.S. economy in general and to the City of New York, specifically, please feel free to contact the immigration lawyers and immigration attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.at info@visaserve.com or by calling us at 201-670-0006 (x107).
THE WHITE HOUSE IS A-"BUZZ AGAIN" ABOUT IMMIGRATION REFORM - PERHAPS THIS SUMMER?

On April 16th, 2014, President Obama made a statement about Immigration Reform. He urged House Republicans to listen to the will of the American people and to bring immigration reform to the House floor for a vote. The President stated that "one year ago, the Senate introduced comprehensive bipartisan legislation to fix our broken immigration system.  Both sides worked together to pass that bill with a strong bipartisan vote. The Senate's commonsense agreement would grow the economy by $1.4 trillion and shrink the deficit by nearly $850 billion over the next two decades, while providing a tough but fair pathway to earned citizenship to bring 11 million undocumented individuals out of the shadows, modernizing our legal immigration system, continuing to strengthen border security, and holding employers accountable.  Simply put, it would boost our economy, strengthen our security, and live up to our most closely-held values as a society."

 

Now is the time for immigration reform! We have an open window. Let's not lose the opportunity.  

 

TO READ MORE, PLEASE CLICK HERE . . .

H-1B VISA UPDATES: H-1B PREMIUM PROCESSING TO BEGIN ON APRIL 28TH.

The USCIS has begun to announce the H-1B visas that have been successful in the lottery process. From April 28th, 2014, USCIS began processing H-1B petitions subject to the  FY 2015 Cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master degree or higher. USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time.

 

For more information about the H-1B nonimmigrant work visa, please feel free to contact us at info@visaserve.com or by calling our office at 201-670-0006 (x107).

ICE AUDITS AT CERTAIN SCHOOLS? ICE ANNOUNCES NEW FIELD TEAM MEMBERS TO VISIT SCHOOLS .

Field representatives selected by ICE are part of the Student and Exchange Visitor Program (SEVP) and serve as direct day-to-day liaisons between SEVP and certified schools, and those schools seeking initial SEVP certification. 

 

SEVP-certified schools are subject to on-site review at any time, per 8 CFR 214.3 (h)(3)(iv). These reviews are not related to the SEVP field representatives and are not part of their duties. The first group of 15 representatives is part of the 60 field representatives SEVP plans to deploy nationwide.   

 

There will be three regional groups - Eastern, Central and Western - comprised of 20 field representatives in each region. Each field representative will spend four days each week in the field with schools and one day in their "home office."

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

CBP RELEASES FAQ's ABOUT THE I-94:  NOW A TRAVELER CAN LOOK BACK 5 YEARS AND POSSIBLY AVOID A FOIA REQUEST.       

Effective on April 30th, 2013, CBP started using the new automated Form I-94, Arrival/Departure Record process to streamline the admissions process for individuals lawfully visiting the United States.

 

CBP has updated the database and allowed travelers access to five (5) years of travel data. Recently CBP posted I-94 FAQ's that covers information like what records a traveler has access to, obtaining travel records for previous or expired passports, filing a FOIA request and much more.

 

TO READ MORE FAQ's, PLEASE CLICK HERE . . . 

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.   

 

The best source of this information is Mr. Charles Oppenheim who is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. He is the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. Mr.  Oppenhe recently shared some thoughts about the anticipated cutoff date movements in the next few Visa Bulletins.

 

Visa Bulletin Predictions - Employment-Based: Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months' visa numbers, the rate of cutoff date movement may change.

 

EB-1.   This category is expected to remain current throughout the fiscal year.   Also, it is too early in the fiscal year to be able to determine how many unused EB-1 visa numbers there will be to "drop down" into the EB-2 category.

EB-2 Rest of World (ROW).  This category is expected to remain current throughout the fiscal year.

EB-2 India.  This is the major headline from Mr. Oppenheim's comments -  EB-2 India is likely to move forward to January 1, 2008 during the August or (more likely) September Visa Bulletin.   This movement will aim to utilize all of the available visa numbers for the fiscal year that may be unused by other categories (possibly 5,000 or more, but fewer compared to prior years).

EB-3 Rest of World (ROW).  This category has seen increased demand over the past few months (due to the significant movements) and it is unlikely that there will be forward movement in the short term.  In fact, if demand continues at its current pace, there may be a retrogression as early as June 2014.   Retrogression is possible for the last quarter of fiscal year 2014 (Jul-Sep 2014) and this is a call for all EB-3 ROW applicants who are current to file their I-485s as soon as possible.

EB-3 China. As a result of many EB-2 China applicants "downgrading" to EB-3 it is expected that EB-3 China will see some retrogression over the next month or two.

EB-5 China.  Mr. Oppenheim suggested that the demand for EB-5 is high and a cutoff date may be introduced in August or September.   Retrogression for EB-5 China is "inevitable" given the high number of  EB-5 pending applications for Chinese nationals.

Mr. Oppenheim's comments are extremely helpful. Our EB-2 India clients would find Mr. Oppenheim's predictions encouraging given the fact that there was no movement in EB-2 India for a long time. A forward movement in this category would allow EB-2 India and China applicants to become eligible to file I-485 applications who would later be eligible to take advantage of AC-21 portability rules and take new employment.

 

TO READ THE NUMBERS, PLEASE CLICK HERE . . .  

CANADIAN IMMIGRATION LAW UPDATES: 
NPZ NEWS FROM NORTH OF BORDER.
BREAKING NEWS: NEW CAPS FOR FEDERAL SKILLED WORKER, FEDERAL SKILLED TRADES PROGRAMS, AND CANADIAN EXPERIENCE CLASS    

EFFECTIVE MAY 1, 2014, THE CANADIAN GOVERNMENT HAS ANNOUNCED THE FOLLOWING:

 

Federal Skilled Worker Program: Federal Skilled Workers are chosen as permanent residents based on their ability to prosper in Canada. They are assessed according to a selection grid made up of six factors, including language, education, work experience, etc.

  • Overall cap of 25,000 applications in eligible occupations stream
  • Cap of 500 applications for PhD eligibility stream
  • No limit on applicants who have a valid job offer from a Canadian employer
  • Sub-caps of 1,000 applications for each of the 50 eligible occupations below (their 2011National Occupational Classification (NOC) code is included in brackets):

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.
A FEW BURGEONING ISSUES: H-1B Premium processing | NEW N-400 Form in early-May | DACA Extensions | H-4 visas to work? | Entrepreneurial Programs for nonimmigrants and immigrants.

- H-1B premium processing receipts are being sent out as early as April 11th, 2014, Lottery results are in. 
- N-400 applications to change to more extensive form in early May.
- DACA (Deferred Action for Childhood Arrivals) extensions are on the horizon, consider dates on EAD's for DACA extensions.
- H-4 (derivative H-1B holders) may be able to work soon by getting EAD's.
- Entrepreneurial programs for foreign national investors is a focus of the White House - President Obama says he likes foreign investment in the U.S. and is likely to push for more visas for same.

ATTEMPTS TO ADVANCE COMPREHENSIVE IMMIGRATION REFORM (CIR) IN THE HOUSE.


AILA's National Day of Action on Capitol Hill in Washington DC; Immigration Reform; HR 15; Attempts to advance CIR in the House. The summer is the window of opportunity for Immigration Reform to be passed in the House of Representatives.