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.
WHAT HR MANAGERS AND BUSINESS OWNERS NEED TO KNOW ABOUT "ONBOARDING" NEW H-1B EMPLOYEES?
H-1B VISA UPDATE: POWERPOINT WITH APPLICATION FILING TIPS FROM THE USCIS.
DACA UPDATE: AS DACA RENEWALS ROLL-IN, MANY CONSIDER DACA ELIGIBLE FINANCIAL AID FAQs.
FAMILY-BASED IMMIGRATION UPDATE: IMMIGRATION ASPECTS OF MARRYING A FOREIGN NATIONAL.
E-VERIFY UPDATE: USCIS OFFERS A NEW E-VERIFY SERVICE TO SHIELD EMPLOYEES FROM FRAUD & IDENTITY THEFT.
RELIGIOUS WORKER UPDATE: POWERPOINT PRESENTATION WITH AN OVERVIEW ABOUT THE RELIGIOUS WORKER VISA.
VISA BULLETIN FOR NOVEMBER IS OUT!!!
CANADA'S INTERNATIONAL MOBILITY PROGRAM (IMP).
ATTENTION AUX FRANCAIS!: Canada is Seeking to Attract French Speaking Workers.
DIVERSITY VISA LOTTERY 2016.
ONBOARDING H-1B VISA BENEFICIARIES EFFECTIVE ON OCTOBER 1ST.
HAPPY DIWALI.
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.
 
Administrative Process (Change for Immigration laws)   
 
 
 
- Teaneck International Film Festival
- Administrative Process (change for immigration laws):
1. Expanding Deferred Action.
a) Applying directly to the local office, not necessarily a last resort
b) Humanitarian reasons.
c) Policy should set specific criteria to make it easier to qualify.
2. Parole-In-Place
3. Counting of Visa numbers.
a) Derivatives are currently counted in visa categories.
b) Derivatives should be counted separate.
c) Retroactive counting of numbers.
4. Definition of Extreme Hardship.
a) Liberalize the definition of extreme hardship.
5. Possibility of extending or creating a new 245(i) program.
 
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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:  
 
We are rapidly approaching the midterm elections and awaiting President Obama's next move on Administrative Actions about the U.S. immigration law. As DACA renewals continue to roll-out, we are still hoping that the President will grant "Deferred Action for All" - another type of DACA? In the meanwhile, the U.S. Supreme Court is scheduled to hear two cases with significant implications for U.S. immigration law.

The first case is Mellouli v. Holder. Mellouli vs. Holder involves whether a noncitizen - even a green card holder - can be mandatorily detained and deported for possessing drug paraphernalia. The Defendant, Moones Mellouli, is a lawful permanent resident who earned two master's degrees and worked as an actuary. He was convicted of a Kansas misdemeanor offense, "possession of drug paraphernalia," a charge that did not make reference to a controlled substance. In fact, his conduct would not constitute a crime under federal law and would not constitute a crime in many States. Nonetheless, ICE arrested Mellouli and sought to deport him for violating a State Law relating to a controlled substance.

This case shows the harshness of DHS' interpretation of immigration laws, under which minor offenders are mandatorily detained and deported without a chance to argue their individual circumstances. Immigrants in recent years have successfully convinced the Supreme Court to rule against DHS regarding overreaching statutory interpretations of other crimmigration statutes.

The second case, Kerry v. Din, addresses the doctrine of "consular nonreviewability." This is the concept pursuant to which the U.S. State Department (DOS) Consular Officials' decisions regarding immigration law are shielded from scrutiny by the courts. In fact, even when immigration officials grant a visa petition, the DOS can still deny the actual visa.

In Kerry vs. Din, the government denied a U.S. citizen's visa petition that she filed for her husband. The government is arguing that the U.S. citizen does not have the ability to challenge the consulate's decision. Kerry vs. Din will decide if judicial review is crucial to ensure that over-reaching  government decision-making is corrected.

For more information about U.S. or Canadian Immigration and Nationality Law, we invite you to contact any of the immigration and nationality lawyers at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107).

WHAT HR MANAGERS AND BUSINESS OWNERS NEED TO KNOW ABOUT "ONBOARDING" NEW H-1B EMPLOYEES? By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq.  

October 1st marks the beginning of the "onboarding" of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS)[1] were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States.  

 

Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.

 

TO READ MORE OF THIS INTERESTING H-1B ARTICLE, PLEASE CLICK HERE . . . 

H-1B VISA UPDATE: POWERPOINT WITH APPLICATION FILING TIPS FROM THE USCIS.  

With the onboarding of H-1B employees after October 1st, all eyes will slowly turn to the coming 2015 H-1B visa filing deadline on April 1st. Recently the USCIS released an updated H-1B visa application filing tip powerpoint presentation that covers many basic points that need to be considered to avoid RFE's and to get an H-1B petition successfully approved.
 

DACA UPDATE: AS DACA RENEWALS ROLL-IN, MANY CONSIDER DACA ELIGIBLE FINANCIAL AID FAQs.

Many undocumented students, including DACA eligible applicants and Dreamers, have questions regarding their eligibility for Student Financial Aid for their college tuition fees. Questions like . . . "Do I qualify for Federal student aid?" or "Do i qualify for state or college financial aid"?  . . . come to the forefront.  

  

PLEASE CLICK HERE TO REVIEW THE FAQs RELATED TO DACA BENEFICIARIES' COLLEGE FINANCIAL AID . . .

FAMILY-BASED IMMIGRATION UPDATE: IMMIGRATION ASPECTS OF MARRYING A FOREIGN NATIONAL.

As a law abiding citizen, you have the right to bring your spouse to America, but it is not easy to get a Marriage Visa/Spousal Visa. The laws have changed dramatically over the years; the government has made it even more difficult and time-consuming for couples to begin their lives together.

The process is so demanding that even the smallest mistake in this process can result in delay, denial, and/or removal.
NPZ Law Group, P.C's Managing Attorneys present an interesting webinar on this topic that captures all the information an individual needs to know regarding the "immigration aspects of marrying a foreign national".
 

E-VERIFY UPDATE: USCIS OFFERS A NEW E-VERIFY SERVICE TO SHIELD EMPLOYEES FROM FRAUD & IDENTITY THEFT.

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced the launch of myE-Verify - a new website designed for employees. myE-Verify is a one-stop shop for employees to create and maintain secure personal accounts and access new features for identity protection.

 

myE-Verify gives workers a free and secure way to participate in the E-Verify process by accessing features dedicated for employees, including Self-Check and the Employee Rights Toolkit. For added security, individuals will have their identities verified through Self- Check, in order to create a myE-Verify account.

 

 FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

RELIGIOUS WORKER UPDATE: POWERPOINT PRESENTATION WITH AN OVERVIEW ABOUT THE RELIGIOUS WORKER VISA PROGRAM.

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.  

 

Temporary religious worker (R-1) visas are for persons who want to enter the United States to work temporarily in religious capacities. On October 10th, 2014, USCIS shared a powerpoint presentations about religious workers from a USCIS teleconference, including petitioner and beneficiary evidentiary requirements, self-supporting R-1s, R-1 extension requirements, R-1 dependents, Special Immigrant Religious worker visas, site inspections, expedite requests, common filing issues, and other helpful filing tips.

 

TO VIEW THE RELIGIOUS WORKER VISA PRESENTATION, PLEASE CLICK HERE . . .

VISA BULLETIN FOR NOVEMBER IS OUT!!!

The Department of State (DOS) released its November 2014 Visa Bulletin. It is the second month in the fiscal year. The Philippines EB-3 again had a substantial progression. It is now at June 2012, which is a five year jump since March 2014. It remains consistent with the "All Other" EB-3 date.  

 

India EB-2 dramatically retrogressed from May 2009 to February 2005. India EB-3 remains stuck in November 2003. The Chinese EB-3 quote number continued to move inconsistently and it is now at January 2010 which is more favorable than China EB-2.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

 
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.
DIVERSITY VISA LOTTERY 2016 UPDATE. IF YOU ARE NOT IN IT YOU CANNOT WIN IT!

The 2016 Diversity Visa Program (DV-2016) will open at noon, Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 1, 2014, and will close at noon, Eastern Standard Time (EST), Monday, November 3, 2014. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at dvlottery.state.gov. Paper entries will not be accepted. All entrants must print and retain their online confirmation page after completing their DV entries so that they will be able to check their entry status. We strongly encourage applicants 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 after noon EST on November 3, 2014.
ONBOARDING H-1B VISA BENEFICIARIES EFFECTIVE ON OCTOBER 1ST.

 
 
- consider form I-9 (update); check with the international student officer about SEVIS; start within 60 days says department of labor; other labor and employment considerations for new employees; consider starting the green card as soon as possible for visa backlog county foreign nationals; New employees to consider benching issues and visa issues and visa stamping if you do not have it; NPZ can assist with consular processing for visa stamping.
-Be sure to pay the H-1B the prevailing wage specified on the LCA. 
 
May the festival of lights be the harbinger of joy and prosperity. As the holy occasion of Diwali is here and the atmosphere is filled with the spirit of mirth and love, here's hoping this festival of beauty brings your way, bright sparkles of contentment, that stay with you through the days ahead.
Best wishes on Diwali and New year.