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 AND ITV: VLOG & USCIS NEWS UPDATES ON THE WEB.
2016 DIVERSITY VISA REGISTRATION: "If You Are Not In It, You Cannot Win It.
HANGING TOUGH IN THE FACE OF ADVERSITY: "Same or Similar Occupational Classifications" Under the American Competitiveness in the Twenty-First Century Act (AC-21).
NAFTA UPDATE: CBP ANNOUNCES "OPTIMIZED PROCESSING" FOR FIRST-TIME CANADIAN TNs, L-1s AT FOURTEEN PORTS OF ENTRY.
SOME FEES UP AND SOME FEES DOWN: DHS ANNOUNCES CHANGES IN THE CONSULAR SERVICES FEES.
A QUESTION OUR DACA CLIENTS FREQUENTLY ASK: DO I QUALIFY FOR...FINANCIAL AID & SCHOLARSHIPS?
USCIS EXTENDS DEFERRED DEPARTURE FOR ELIGIBLE LIBERIANS.
U.S. DEPARTMENT OF STATE UPDATE: THE VISA BULLETIN FOR OCTOBER 2014 IS OUT.
CANADA'S INTERNATIONAL MOBILITY PROGRAM (IMP).
ATTENTION AUX FRANCAIS!: Canada is Seeking to Attract French Speaking Workers.
H-1B: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE CAP.
WHAT YOU NEED TO KNOW ABOUT STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS.
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 245(i) | U Visas and Parole-in-Place for Military Family Members.  
 
 
 
- 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

  

SHRM CONVENTION: EMPLOYER'S I-9 AUDIT UPDATE


When: 

October, 21st, 2014 at 9:45 AM

 

Where: 

Atlantic City Convention Center, Atlantic City, NJ

 

Speakers: 

David H. Nachman, Esq. and Workplace Enforcement ICE Officer will present. 

 
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:: 201-670-0006 (X100)

Dear Readers:  
    
The U.S. Department of State (DOS) announced guidelines for the new Diversity Visa Lottery. In fact, today is the first day that you can apply! The DV Lottery Program is not for everyone but it is another possible way to a green card in the U.S. The beauty of the program is that it is relatively easy and inexpensive. The program has its genesis in a policy that lies at the very heart of the U.S. immigration law . . . "diversity".

The Diversity Visa Lottery Program (DV) was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year 55,000 visas are allocated randomly to nationals from countries that have sent less than 50,000 immigrants to the U.S. in the previous 5 years. Although originally intended to favor immigration from Ireland (during the first three years of the program), the Diversity Visa program has become one of the only avenues for individuals from certain regions in the world to secure a green card.

To be eligible for a diversity visa an immigrant must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. A computer-generated random lottery drawing chooses applicants for diversity visas. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the U.S. over the last five years.

People from eligible countries in different continents may register for the lottery. However, because these visas are distributed on a regional basis, the program especially benefits Africans and Eastern Europeans.

According to the last Visa Bulletin in FY 2014, the majority of Diversity Visas will go to aspiring immigrants from African countries. While supporters of the Diversity Visa system underscore the system's value as the only equal opportunity provider, opponents tend to emphasize the irrationality of a system that allocates immigrant visas randomly.

We bring the DV Program to your attention because it is just another program that may be available for getting the green card in the U.S. for you, your friends, and to your family members or to members of your staff.
We encourage you to send the guidelines to anyone who you think may be qualified. We continue to tell everyone that "if you are not in it, then you cannot win it".

It is important however to be sure that you register for the program according to the rules and guidelines (see below). For more information about the DV Lottery or to speak to any of the immigration and nationality lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., please feel free to contact us at info@visaserve.com or by calling us at 201-670-0006 (x107). 

2016 DIVERSITY VISA REGISTRATION: "If You Are Not In It, You Cannot Win It -  By: David Nachman, Esq., Michael Phulwani, Esq. and Rabindra Singh, Esq. 

The 2016 Diversity Visa Lottery Program (DV-2016) will commence at noon, Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 1st, 2014, and will close at noon, EDT, Monday, November 3rd, 2014. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at www.dvlottery.state.gov 

.  

Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted afternoon, EDT, on November 3rd, 2014.

 

TO READ MORE, PLEASE CLICK HERE . . . 

Section 106(c) of AC-21, commonly known as the job flexibility provision, was enacted as Immigration and Nationality Act (INA) section 204(j). This portion of the INA states as follows: "A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed".

 

TO READ MORE, PLEASE CLICK HERE . . . 

NAFTA UPDATE: CBP ANNOUNCES "OPTIMIZED  PROCESSING" FOR FIRST-TIME CANADIAN TNs, L-1s AT FOURTEEN PORTS OF ENTRY.

Beginning in mid-September, U.S. Customs and Border Protection (CBP) announced that it optimized processing for first-time Canadian TN and L applicants seeking entry into the United States under NAFTA. CBP has designated ports of entry that will ensure a more efficient approach to processing the high volume of TN and L applicants. CBP encourages first time TN and/or L-1 applicants to go to one of the designated ports-of-entry where the applicant will receive optimized processing. Fourteen total ports are designated, including four (4) preclearance locations. 

 

SOME FEES UP AND SOME FEES DOWN: DHS ANNOUNCES CHANGES IN THE CONSULAR SERVICES FEES.

Effective September 12th, 2014, the Department of State (DOS) adjusted processing fees for some services. The fees for most categories of immigrant visas have changed, while fees for nonimmigrant visas largely remain the same.  

 

The fee for processing an application for Renunciation of U.S. Citizenship is increasing to reflect the true cost of providing this service. Fees of many visa category such as 'E -Visa' - treaty/trader and Australian specialty occupation visas decreased from $270 to $205, where an Immigrant visa application processing fee based on an approved I-130 Immediate Relative of Family Preference petition increased to $325.

 

TO READ MORE ABOUT A "VISA CATEGORY ALONG WITH THE UPDATED FEES", PLEASE CLICK HERE . . . 

A QUESTION OUR DACA CLIENTS FREQUENTLY ASK: DO I QUALIFY FOR FINANCIAL AID & SCHOLARSHIPS?  

Many of our DACA clients continue to ask us if they qualify for financial aid or for scholarships. Recently, a guidebook promulgated by "United We Dream" sought to deal with these (and other ancillary) issues. Below we link to an informative reference manual that covers the FAQs ,FAFSA eligibility requirements and much more.

 

USCIS EXTENDS DEFERRED DEPARTURE FOR ELIGIBLE LIBERIANS IN THE U.S. 

On September 26th, 2014, U.S. Citizenship and Immigration Services (USCIS)  announced that it will automatically extend Employment Authorization Documents (EADs) for Liberian nationals covered under Deferred Enforced Departure (DED).  

 

Current DED Liberia EADs that have an expiration date of September 30th, 2014, will now be valid through March 30th, 2015. This automatic extension of EADs follows President Obama's announcement today of his decision to extend DED through September 30th, 2016, for qualified Liberians and those individuals without nationality who last habitually resided in Liberia.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

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

The Department of State (DOS) has released the October 2014 Visa Bulletin. This is the first Visa Bulletin of the 2015 U.S. Fiscal Year, which begins October 1st, 2014. The Philippines EB-3 has again shown substantial progression. It is now at October 2011, which is a four year jump in the last four months. It remains consistent with the "All Other" EB-3 date.

India EB-2 is still at May 2009. India EB-3 remains stuck in November 2003. The Chinese EB-3 number continued to move dramatically and inconsistently and it is now at April 2009.
 
 CANADIAN IMMIGRATION LAW UPDATES: NPZ NEWS FROM NORTH OF BORDER.
A new addition to the TFWP is the International Mobility Program (IMP). This program allows foreign nationals to be LMIA-exempt. The IMP's primary objective is to advance Canada's broad economic and cultural national interest.

As a result, this program is not based on filling particular jobs or meeting employer demands. Rather, this program encompasses multilateral/bilateral agreements with other countries (e.g. NAFTA, GATS). Additionally, these workers are primarily highly-skilled workers with high wages from developed countries (i.e., the U.S.).

 

ATTENTION AUX FRANCAIS!: Canada is Seeking to Attract French Speaking Workers.

Canada is a bilingual country. All English speaking provinces (outside of Québec) must also provide some services, by law, in French. English Canada is thus looking to increase its French-Speaking population, and in order to attract French-speaking foreign nationals ("Francophones"), it has announced some very new and interesting immigration laws.
 
"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
H-1B: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE CAP.


H-1B cap exempt category was created by the US government to ensure adequate supply of skilled labor available to US establishments in certain important  sectors. Sponsorships are around the year and regardless of the H-1B cap subject quota situation. 
There are H-1B Cap-Exempt employers that hire professionals on H-1B visa throughout the year regardless of the H-1B quota situation.  Cap exempt employers are those establishments which are not subjected to the annual H-1B visa numerical limitation as set by the US Government.  Following classes of employers fall under the Cap-Exempt category.
1. A not for profit institution of higher education
2.   profit entity related or affiliated to an institution of higher education
3.  A not for profit research organization or a governmental research organization
4.  A "Not for profit institution of higher education:"
Most common form of institutions of high education is a college or university.  Incidentally most of the colleges and universities in the US are non-profit entities. 
5. A "Not for profit entity related or affiliated to an institution of higher education:"
Most common forms of such H-1B sponsors are research labs, medical hospitals, etc., that are affiliated to colleges and universities.  Other types employers in this class include those with shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary.
6. A "Not for profit research organization or a governmental research organization:"
It must meet both the criteria that the establishment must be "not for profit" as well as a "research" entity.
  
WHAT YOU NEED TO KNOW ABOUT STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS.

Which petitions and beneficiaries qualify for a F-1 visa to H-1B visa cap gap extension ? 

H-1B petitions must be timely filed on behalf of an eligible F-1 student. Timely filed means that the H-1B application (indicating change of status rather than consular processing) was filed during the H1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the grace period.) 

Once a timely filing has been made, the automatic cap gap extension will begin and will continue until the H-1B process has been completed. If the F-1 student's H-1B petition is selected and approved, the student's extension will continue through September 30th unless the petition is denied or revoked. If the student's H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice to prepare for and depart the United States. Students are strongly encouraged to stay in close communication with their petitioning employer during the cap gap extension period for status updates on the H-1B petition processing. A Form I-797, Notice of Action, with a valid receipt number, is evidence that the petition was filed and accepted.