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 AND ITV: VLOG & USCIS NEWS UPDATES ON THE WEB.
H-4 VISAHOLDERS MAY BE ABLE TO WORK SOON: WHEN AND IN WHICH FORM THE H-4 EMPLOYMENT AUTHORIZATION RULE WILL COME OUT.
DACA MADE EASY FOR THE PUBLIC: USCIS RELEASES NEW DACA TOOL KIT.
CBP GOES HI-TECH FOR ENTRIES TO THE US: CBP's NEW MOBILE PASSPORT APP ONLINE.
USCIS ISSUES GUIDANCE TO HELP EBOLA AFFECTED AFRICAN COUNTRY NATIONALS.
ICE: A NEW DRAFT POLICY REGARDING SEVP GUIDANCE FOR ADJUDICATORS AND ACADEMIC OFFICIALS IS PROMULGATED.
U.S. DEPARTMENT OF STATE UPDATE: THE VISA BULLETIN FOR SEPTEMBER 2014 IS OUT!
L-1A VISA AND L-1B VISA.
ASYLUM: THE SEVERAL WAYS THAT AN ASYLUM CASE CAN BE MADE IN THE U.S.
HAPPY INDIAN INDEPENDENCE DAY.
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.
 
U.S. UNDER 
UNAUTHORIZED
STATUS | SECTION 245i | U Visa 
 
 
 
- Hardship in America for those who do not have personal identification. Bars to returning to the U.S. for staying in the US in unauthorized status, ID cards to be handed out to illegal immigrants in the State of New York.
- Section 245(i): Out of status immigrants have options to be grandfathered.
- Get a U visa to allow yourself to get back into status from being out of status in the U.S.  
 
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BONA FIDES OF A MARRIAGE | ADOPTIONS | 221(g) ADMINISTRATIVE PROCESSING.  

 

 
  In order to obtain a green card (U.S. lawful permanent residence) based on marriage, you will have to prove that the marriage is bona fide. This means a marriage in which the two people intend, from the start, to establish a life together as husband and wife.
("Husband and husband" and "wife and wife" works, too -- as of the Supreme Court's 2013 decision to strike down the federal "Defense of Marriage Act" (DOMA), same-sex marriages count for U.S. immigration purposes, so long as they are legally valid in the state or country where they were entered into.)
 
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UPCOMING EVENT

  

NJICLE: Hiring, Retaining & Terminating Foreign Nationals - A Webinar 

 
When:
Tuesday, September 30th, 2014
 
Time:
12:00 PM to 1:40 PM
 
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:: 201-670-0006 (X100)
Dear Readers:

As news trickles out of the White House that President Obama is planning to announce a program like the Deferred Action for Childhood Arrivals (DACA) initiative for other worthy populations, the anti-immigrant community is preparing their rebuttal. They argue that giving people two-year renewable deferrals from deportation is tantamount to "amnesty."

However, the power of the word "amnesty" is losing its punch, as people opposed to immigration reform use it to label anything that isn't a punitive, mass deportation program for all 11 million undocumented immigrants living in America. The truth of the matter is that DACA and other forms of prosecutorial discretion are not permanent stays, do not provide green cards nor put people on a path to U.S. citizenship.

Fear-mongering, over thoughtful analysis, has become the modus operandi of the anti-immigrant movement. The immigrant-restrictionists continue to blame DACA for the influx of unaccompanied children rather than address the real factors that are at the root of the issue.

The President's impending action is not "amnesty" at all nor does it bypass Congress's responsibility to pass laws that fix our broken immigration system. By moving to provide forms of discretionary relief, President Obama is showing leadership until Congress gets their act together and finds a long term solution.

If you, or any member of your family, or any of your friends, believe that they will be able to benefit from immigration reform or the President's impending Administrative Action(s), please feel free to contact the Immigration Law Attorneys and Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling us at 201-670-0006 (x107).

H-4 VISAHOLDERS MAY BE ABLE TO WORK SOON: WHEN AND IN WHICH FORM THE H-4 EMPLOYMENT AUTHORIZATION RULE WILL COME OUT? 

On May 6th, 2014, the Department of Homeland Security (DHS) announced the publication of a proposed rule to extend employment authorization to dependent spouses (not dependent children) of certain H-1B workers. On May 12, 2014, DHS published the Notice of Proposed Rulemaking ("NPRM") in the Federal Register. The NPRM was subject to a sixty-day public comment period which ended on July 11, 2014. More than 12,000 comments were received. At present, DHS is reviewing those comments to finalize the rule.

 

So, the obvious questions are: (1) when and in which form the final rule is going to come out; and (2) when it will become effective? Before discussing that, it is important to briefly discuss the proposed rule and some of the comments received so far, and how those may or may not impact the final rule.

 

TO READ MORE, PLEASE CLICK HERE . . . 

DACA MADE EASY FOR THE PUBLIC: USCIS RELEASES A NEW DACA TOOL KIT.  

U.S. Citizenship and Immigration Services (USCIS) is pleased to share its new Deferred Action for Childhood Arrivals Toolkit for Community Partners.  


The toolkit includes: (1.) A DACA Program Overview; and (2.) Information About "How Do I Request Consideration of DACA?"; and (3.) A Customer Guide Tip Sheet; and (4.) Frequently Asked Questions; and (5.) A DACA process infographic called "Avoid Immigration Scams" flier; and (6.) A List of Federal Government Resources.  

 

TO VIEW THE "DACA TOOL KIT", PLEASE CLICK HERE . . .

CBP GOES HI-TECH FOR ENTRIES TO THE US: CBP's NEW MOBILE PASSPORT APP ONLINE.

On August 11th, 2014, Customs and Border Protection (CBP)  announced the launch of its new Mobile Passport Control [MPC] App which will allow eligible travelers to submit their passport information and customs declaration forms via a Smartphone or Tablet prior to CBP inspection. The new App will expedite a traveler's entry process into the United States.

 

CBP is trying to expedite the clearance process by bringing a more secure and quicker process to the fore to ease the burdens on travelers arriving in the U.S. Eligible travelers arriving at Hartsfield-Jackson Atlanta International Airport will be able to use the App beginning on August 13th. MPC is expected to expand to more airports later this year and to Android Smartphone users in the future.

 

TO UNDERSTAND HOW THE NEW CBP APP WORKS, PLEASE CLICK HERE . . .  

USCIS ISSUES GUIDANCE TO HELP EBOLA AFFECTED AFRICAN COUNTRY NATIONALS.  

Due to the outbreak of Ebola virus in Africa, on August 15th, 2014, USCIS issued a notice containing immigration relief for national, living in the U.S, of the three (3) Ebola affected countries (Guinea, Liberia and Sierra Leone). Immigration relief measures can be available to those three African countries nationals if a formal request is made. Such requests may include: Change or extension of nonimmigrant status for an individual currently in the United States (even if the request is filed after the authorized period of admission has expired); Extension of certain grants of Parole made by USCIS; Expedited adjudication and approval (where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship); Consideration for waiver of fees associated with USCIS benefit applications.

 

TO READ MORE, PLEASE CLICK HERE . . .

ICE UPDATE: A NEW DRAFT POLICY REGARDING SEVP GUIDANCE FOR ADJUDICATORS AND ACADEMIC OFFICIALS IS PROMULGATED.  

Recently, ICE has issued a new draft policy clarifying for SEVP adjudicators how to interpret DSO usage of the English proficiency field on Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.  

 

This guidance requires a designated school official (DSO) to provide information on a school's English proficiency requirements and whether a prospective F-1 or M-1 student has met those requirements.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

U.S. DEPARTMENT OF STATE UPDATE: THE VISA BULLETIN FOR SEPTEMBER 2014 IS OUT!!!!

The U.S. Department of State (DOS) has released the September 2014 Visa Bulletin. This is the twelfth and final Visa Bulletin of the 2014 US Fiscal Year, which began on October 1st, 2013. The October 2014 Visa Bulletin will begin the 2015 Fiscal Year.  

 

The Philippines EB-3 jumped again. It is now at April 2011, which is a four year jump in the last four months. India EB-2 also moved forward steadily. It progressed to May 2009. The Chinese EB-3 number remained at November 2008. The "All Other" EB-3 held steady as well. It remains at April 2011.  

 

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.

L-1A VISA AND L-1B VISA.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  The employer must file a Form I-129, Petition for a Nonimmigrant Worker [http://www.uscis.gov/I-129], with fee, on behalf of the employee.
The following information describes some of the features and requirements of the L-1 nonimmigrant visa program.
General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary's stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee's ability to manage an essential function of the organization at a high level, without direct supervision of others.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.
 
ASYLUM: THE SEVERAL WAYS THAT AN ASYLUM CASE CAN BE MADE IN THE U.S.


Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
Race
Religion
Nationality
Membership in a particular social group
Political opinion
If you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.

You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page.
HAPPY INDIA INDEPENDENCE DAY....


BACKGROUND: Independence Day, observed annually on 15 August, is a National Holiday in India commemorating the nation's independence from the British Empire on 15 August 1947. India attained independence following an Independence Movement noted for largely nonviolent resistance and civil disobedience led by the Indian National Congress (INC). Independence coincided with the partition of India, in which the British Indian Empire was divided along religious lines into the Dominions of India and Pakistan; the partition was accompanied by violent riots and mass casualties, and the displacement of nearly 15 million people due to sectarian violence.
On 15 August 1947, Jawaharlal Nehru, who had become the first Prime Minister of India that day, raised the Indian national flag above the Lahore Gate of the Red Fort in Delhi. On each subsequent Independence Day, the Prime Minister has raised the flag and given a speech.
The holiday is observed throughout India with flag-hoisting ceremonies, parades and cultural events. Indians celebrate the day by displaying the national flag on their attire, accessories, homes and vehicles; by listening to patriotic songs, watching patriotic movies; and bonding with family and friends. Books and films feature the independence and partition in their narrative. Separatist and militant organisations have often carried out terrorist attacks on and around the 15th of August, and others have declared strikes and used black flags to boycott the celebration.