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.
IS IMMIGRATION REFORM READY TO ROLL? THE WHITE HOUSE SEEMS TO BE SAYING: "NO, NOT YET".
DACA UPDATE: DACA HAS UPDATED THE FAQs.
ANOTHER ADMINISTRATIVE FIX? USCIS ANNOUNCES A SPECIAL REUNIFICATION PROGRAM FOR HAITIAN FAMILIES.
DOL UPDATES: DOL H-1B STATISTICS UPDATES FROM FY2014, 4TH QUARTER.
TPS EXTENDED: USCIS TPS EXTENSION FOR HONDURAS ANNOUNCED.
BALCA PROCEDURE UPDATE: DOL ANNOUNCES A PERM BALCA PROCEDURE CHANGE.
DEPARTMENT OF STATE VISA BULLETIN UPDATE: THE PRIORITY DATES FOR NOVEMBER ARE OUT!
GSC SHRM 2014 - ATLANTIC CITY: Employer's I-9 Audit Updates - Anatomy of an I-9 Form Investigation.
CHOICE OF ENTITY: Business Immigration, C-Corp, S-Corp, Corporate Formalities, LLC.
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.
 
President Obama to use the Administrative Process (Change for Immigration Laws)?  
 
 
 
 
- Teaneck International Film Festival, November 2014, Ram-Leela Screening.
- Administrative Process (possible 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 separately.
c) Retroactive counting.
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

  

EMPLOYER IMMIGRATION AND WAGE AND HOUR SELF-AUDITS


When: 

December 5th, 2014 at 9:00 AM to 12:00 PM

 

Where: 

Newark Club, One Newark Center, Newark NJ

 

 
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:: 201-670-0006 (X100)

Dear Readers:   
 
The midterm elections are next week and we are all waiting to see whether President Obama will "make good" on his campaign (and later) promises about U.S. immigration reform. Like most political issues, immigration reform has now become confounded (mixed-up) with a variety of others such as healthcare reform, the Ebola crisis and the ongoing battles with ISIS/ISIL. It continues to be our hope that the President is able to roll-out his "administrative" fixes if Congress remains stalled following the midterm elections.  

As the Ebola outbreak continues to take lives in West Africa,
 
immigration restrictionists have predictably started their  "crusade" to ban travel from West African countries. Specifically, over the past few weeks, several restrictionist groups as well as some lawmakers have criticized the U.S. government for not adopting tough travel restrictions. These 
groups are opportunistically using a dramatic international health crisis as an opportunity to demonize foreigners.

As is the case with any major issue, there is no isolated policy measure that will completely protect Americans from the arrival of any foreign virus or disease, but restricting travel or banning visas could be extremely counterproductive. First, there are no direct flights between the U.S. and Liberia, Sierra Leone, or Guinea, which means that banning flights from those countries is irrelevant. Some have suggested suspending visas altogether. However, suspending visas would only impact nationals of those countries, but not the thousands of military troops and health-care workers working in the area.

Various public health officials have asserted that imposing a travel ban would not only be ineffective, but also would make things worse. According to these health specialists, a ban would isolate impoverished nations that are struggling to cope with the epidemic and possibly deprive them of the international aid workers that are providing crucial assistance to prevent the further spread of Ebola.

Some experts also worry that restricting travel from the three countries could worsen the outbreak by instilling panic among residents of those countries and encourage them to escape-further contributing to spreading the disease. And banning travel from those countries may lead people to hide their tracks. If a travel or visa ban were to be implemented, that "would provide a direct incentive for individuals seeking to travel to the U.S. to go underground and to seek to evade this screening and to not be candid about their travel history to get into another country. 
 
Although the evolution of the epidemic is difficult to predict, the notion that the risk of a spread of the disease in the U.S. will be eliminated by banning travel or visas of undesired foreign-nationals is a dangerous oversimplification. For more information about any U.S. or Canadian immigration law matter for you, your friends or your family, please feel free to contact the immigration lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling us at 201-670-0006 (x107).  

IS IMMIGRATION REFORM READY TO ROLL? THE WHITE HOUSE SEEMS TO BE SAYING: "NO, NOT YET".   

Recently, in a report published by the Associated Press, White House spokespersons cautioned against making assumptions about President Barack Obama's changes to U.S. immigration based upon a new federal contract proposal from the U.S. Department of Homeland Security to buy enough supplies to make as many as 34 million immigrant work permits and residency cards over the next five years.   

 

"I think those who are trying to read into those specific orders about what the president may decide are a little too cleverly trying to divine what the president's ultimate conclusion might be," White House spokesperson Josh Earnest said. It's quite uncertain to tell when the President will act on CIR. Since April 2014, there continue to be "ebbs and flows". It's time now (following the midterm elections) to just sit back and wait and watch.

 

TO READ THE DETAILED ARTICLE PUBLISHED BY THE ASSOCIATED PRESS, PLEASE CLICK HERE . . . 

DACA UPDATE: DACA HAS UPDATED THE FAQs.   

Since the announcement of DACA on June 15th, 2012, there have been many FAQs. USCIS continues to work to keep the FAQs up-to-date so that the government can clear any doubts from the minds of the DREAMERs. To date, DACA has benefited approximately 450,000 applicants. Around eighty (80) FAQs have been produced which cover a variety of DACA issues including questions related to the new DACA application, renewal procedures, travel guidelines and much much more.
 

ANOTHER ADMINISTRATIVE FIX? USCIS ANNOUNCES A SPECIAL REUNIFICATION PROGRAM FOR HAITIAN FAMILIES THAT HAVE BEEN SEPARATED.  

The U.S. Department of Homeland Security (DHS) recently announced the implementation of a Haitian Family Reunification Parole (HFRP) Program. The Program will begin in early 2015. The Program will expedite family reunification for certain eligible Haitian family members of U.S. citizens and lawful permanent residents of the U.S. and promote the safe, legal and orderly migration from Haiti to the United States.

 

Under this new Program, U.S. Citizenship and Immigration Services (USCIS) will offer certain eligible Haitian beneficiaries, of already approved family-based immigrant visa petitions, who are currently in Haiti, an opportunity to come to the United States up to approximately two years before their immigrant visa priority dates become current. Could this be a template for other programs to unite families that have been separated by the broken U.S. immigration law system? 

 

 FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

DOL UPDATES: DOL H-1B AND LCA STATISTICS UPDATES FROM FY2014, 4TH QUARTER.

Recently, DOL's Office of Labor Certification has published the H-1B statistical data which includes (1) the number of LCAs received; and (2) top 10 work occupations; and (3) top 10 worksite States; and (4) the number of LCA applications processed & denied; and (5) much much more. For H-1B and LCA statistic geeks, the Report reveals the complete structure about how, from where, and who files for the H-1B visa quota. It is interesting, but not surprising, that computer professionals continue to be the leaders in the use of the H-1B visas (at least per DOL's LCA statistics).
 

TPS EXTENDED: USCIS TPS EXTENSION FOR HONDURAS ANNOUNCED.

U.S. Department of Homeland Security (DHS) issued a notice announcing that the Secretary of the U.S. Homeland Security is extending the designation of Honduras for Temporary Protected Status (TPS) for 18 months from January 6th, 2015 through July 5th, 2016. The notice includes instructions for re-registration and renewal of EADs.

 

TO DETAILED INFORMATION, PLEASE CLICK HERE . . .   

BALCA PROCEDURE UPDATE: DOL ANNOUNCES A PERM BALCA PROCEDURE CHANGE.  

Recently, DOL announced that "as of October 27, 2014", the Atlanta National Processing Center has changed its procedure and will no longer automatically forward to BALCA all PERM case "Requests for Reconsideration" where the original case decision was upheld.  

 

Rather, a "Notice of Decision" will be issued when the case is upheld, and the employer must "affirmatively" request review before BALCA no later than 30 calendar days after the date the "Notice of Decision" is issued. The FAQs have been modified reflect this change in procedure.

 

TO READ DETAILED INFORMATION ABOUT THIS NEW CHANGE IN PROCEDURE, PLEASE CLICK HERE . . .   

DEPARTMENT OF STATE VISA BULLETIN UPDATE: THE PRIORITY DATES  FOR NOVEMBER ARE OUT!

The Department of State (DOS) released its November 2014 Visa Bulletin. November is the second month in the fiscal year. The Philippines EB-3 again had a substantial progression. It is now in  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 quota 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 . . . 

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
I-9 UPDATE FOR EMPLOYERS - GSC SHRM 2014 - ATLANTIC CITY: Employer's I-9 Audit Updates - Anatomy of an I-9 Form Investigation. 


What do I do when an employee's employment authorization expires? To continue to employ an individual whose employment authorization has expired, you will need to reverify him or her in Section 3 of Form I-9. Reverification must occur no later than the date that employment authorization expires. The employee must present a document of their choice from either List A or List C that shows either an extension of his or her initial employment authorization or new employment authorization. The employee does not need to present the same document they presented for initial verification. You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date (if any), in the Updating and Reverification Section (Section 3), and sign in the appropriate space.
If the version of Form I-9 that you used for the employee's original verification is no longer valid, you must complete Section 3 of the current Form I-9 upon reverification and attach it to the original Form I-9. You may want to establish a calendar call-up system for employees whose employment authorization will expire and provide the employee with at least 90 days notice prior to the expiration date of the employment authorization.
You may not reverify an expired U.S. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551), or a List B document that has expired.
NOTE: You cannot refuse to accept a document because it has a future expiration date. You must accept any document (from List A or List C) listed on Form I-9 that on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise could be an unfair immigration-related employment practice in violation of the anti-discrimination provision of the INA.  

 

CHOICE OF ENTITY: Business Immigration, C-Corp, S-Corp, Corporate Formalities, LLC.


Selecting the right entity for its operations is an important issue for every business and every lawyer who is called upon to help clients decide. Whether a corporation or a limited liability company (LLC) is the better choice is not always obvious. The selection involves numerous legal and tax issues and should involve the client's or employer's CPA. Lawyers must consider all the facts and alternatives and, above all, understand the client's objectives.
Fortunately, the choice-of-entity question does not have to be answered absolutely. The majority of closely-held businesses engage in more than one business activity, and it's possible to use a different entity for each. Issues Lawyers and CPAs need to consider when helping clients choose an entity, can be organized into four categories: capitalization, compensation, profit and loss allocation, and distributions