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.
IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION WAS ANNOUNCED BY PRESIDENT OBAMA (PART I).
IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION WAS ANNOUNCED BY PRESIDENT OBAMA. ARE YOU OR SOMEONE YOU KNOW A BENEFICIARY? (PART II).
IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION WAS ANNOUNCED BY PRESIDENT OBAMA. ARE YOU OR SOMEONE YOU KNOW A BENEFICIARY? (PART III) - CHANGES TO PROVISIONAL WAIVERS AND "EXTREME HARDSHIP" DEFINITION.
SEVP GUIDANCE RELEASED: USCIS RELEASES THE SEVP POLICY GUIDANCE FOR ADJUDICATORS.
DOL CALLED UPON TO EXPAND ITS JURISDICTION: DOL TO EXPAND SUPPORT FOR VICTIMS OF HUMAN TRAFFICKING AND VICTIMS OF CERTAIN CRIMES.
ON THE FLIP-SIDE: OBAMA'S IMMIGRATION MOVE MAY DISAPPOINT BUSINESSES SAYS ABC NEWS.
THE DECEMBER 2014 VISA BULLETIN IS OUT!!! CHECK OUT YOUR PRIORITY DATE ON THE VISA BULLETIN FOR DECEMBER.
OVERVIEW ABOUT "ALL" ADMINISTRATIVE BENEFITS - IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTIONS - DACA AND DAPA.
DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)-| DEFERRED ACTION AND PARENT ACCOUNTABILITY AND PROVISIONAL WAIVERS.
BUSINESS IMMIGRATION: PROPOSED ADMINISTRATIVE RELIEF - EXECUTIVE ACTION ON IMMIGRATION ITEMS RELATED TO BUSINESS IMMIGRATION LAW.
PRESS RELEASE: The Immigration Law Offices of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. Open a New Office in Indianapolis, Indiana.
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.
 
Executive Actions on Immigration | Overview about "All" Administrative Benefits 
 
 
Simply put, Obama is using the executive power granted to him by the Constitution to reshuffle the immigration enforcement deck and prioritize deportations so that, for instance, the undocumented parents of U.S.-born citizens get a temporary "deferred" status and thus can't be removed for three years.
But you should read the fine print. There are a lot of strings attached, and there is no guarantee that some of these people won't be deported. It's a crap shoot for undocumented immigrants, which explains why only a little over half of the young people who were eligible for DACA took the risk and applied for it, according to the Migration Policy Institute.  
 
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UPCOMING EVENTS

  

H-1B COMPLIANCE FOR THE DOL AND 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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IMMIGRATION UPDATE - WHAT PRESIDENT OBAMA'S EXECUTIVE ACTION MEANS FOR YOUR IMMIGRATION CLIENTS - AN NJICLE WEBINAR.

 

 

When: Wednesday, December 17th, 2014

 

Time: 12:00 PM to 1:40 PM

 
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:: 201-670-0006 (X100)

Dear Readers:   
 
On November 20th, President Obama announced a plan for the Immigration Accountability Executive Action 2014, which is also known as the "Immigration Accountability Executive Action". In addition to the announcement, there were eighteen (18) documents released by the White House and the Department of Homeland Security (DHS) that elaborated on the President's Plan. Many facets of the President's Plan may be of great assistance to members in many immigrant communities in the U.S. 
 
The President announced the creation of a new program called "Deferred Action for Parental Accountability" (DAPA). This program will permit Parents of U.S. Citizens and Lawful Permanent Residents (as of November 20th, 2014) to be eligible to apply for "deferred action" (avoiding removal) if they have been present in the U.S. since January 1st, 2010 and if they have five (5) years of "continuous presence". 
 
In addition, another extension of deferred action was announced. It is the expansion of the Deferred Action for Childhood Arrivals (DACA) Program. The age limit for DACA has been removed and the date of residence has been moved-up to 2010. It is anticipated that this will allow 300,000 additional persons to apply for deferred action. Like DAPA, DACA work permits will be granted for three (3) years. 
 
Another way that members of many immigrant communities will benefit from the President's Plan concerns changes to Provisional Waivers. USCIS will issue new regulations and policies regarding I-601A waivers. In January 2013, DHS published a regulation allowing some people to file I-601A waivers of the three and ten year overstay/unlawful status bars before leaving the U.S. and potentially facing the bar. 
 
Another way that President Obama's announcement will benefit many immigrant communities will be a liberalization of the use of the National Interest Waiver (NIW) category for the Green Card. The President stated that the NIW was "underutilized" and ordered USCIS to clarify the standard by which a national interest waiver can be granted. The change is primarily targeted at making it easier for businesspeople and entrepreneurs to qualify. 
 
Additionally, "parole-in-place" is being expanded for certain entrepreneurs. USCIS will grant parole status, on a case-by-case basis, to inventors, researchers, and founders of start-up enterprises who may not yet qualify for a national interest waiver but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research. 
 
In addition to the foregoing, the President requested the USCIS to issue clarification of the definition of "specialized knowledge" for the L-1B intracompany transfer nonimmigrant visa petitions. Also, there is a proposal to accelerate the time when an employee may be "portable" under AC-21. 
 
The Administrative Relief that has been proposed by the President is long overdue. However, what appears clearly to be the cases is that the President continues to be open to receiving a Comprehensive Immigration Reform Bill from Congress that he can sign and make it a part of the U.S. Immigration Law. 
 
For more information about the way that the President's recent announcement may be of assistance to your or your staff or to your family members, please feel free to contact the immigration and nationality lawyers and attorneys at the NPZ Law Group at info@visaserve.com or you can feel free to call us at 201-670-0006 (x107). If you would like to schedule an appointment in our new Indianapolis office, please call Ms. Ienny Ribon at x112.

IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION WAS ANNOUNCED BY PRESIDENT OBAMA. ARE YOU OR SOMEONE YOU KNOW A BENEFICIARY? (PART I)

After years, President Obama has finally announced his plan for Administrative Relief. It is not an "Executive Decision". It is not an immigration Bill (although it is hoped that it may lead to one). The program will go under the name "Immigration Accountability Executive Action". NPZ Law Group, P.C has summarized the President's announcement into a short description that can help the readers to understand the President's administrative relief in a clearer manner. Part I of this series explains DAPA and the DACA Deferred Action Expansions.

 

TO READ MORE ABOUT THE PRESIDENT'S ADMINISTRATIVE RELIEF PLAN, PLEASE CLICK HERE . . .

IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION WAS ANNOUNCED BY PRESIDENT OBAMA. ARE YOU OR SOMEONE YOU KNOW A BENEFICIARY? (PART II).

Part II of the Administrative Relief article series focuses on the new enforcement priorities. The Morton Memo and several other policy documents on enforcement priorities are being replaced with an interagency memorandum that sets out new enforcement priorities. The victims of crime memorandum is not being rescinded. Priority has been grouped into three categories. Like the Morton Memo, various extenuating circumstances can be used in determining prosecutorial discretion including, but not limited to, the offense or conviction, family or community ties in the US, compelling humanitarian factors such as poor health, age, pregnancy, a young child, or a seriously ill relative and more . . .

 

TO READ MORE ON THE "ADMINISTRATIVE RELIEF - ENFORCEMENT PRIORITIES", PLEASE CLICK HERE . . . 

IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION WAS ANNOUNCED BY PRESIDENT OBAMA. ARE YOU OR SOMEONE YOU KNOW A BENEFICIARY? (PART III) - CHANGES TO PROVISIONAL WAIVERS AND THE "EXTREME HARDSHIP" DEFINITION.

Department of Homeland Security Secretary, Jeh Johnson, is directing USCIS to issue new regulations and policies regarding provisional waivers (commonly referred as I-601A waivers). In January 2013, DHS published a regulation setting up a process to allow some people to file I-601A waivers of the three and ten year overstay/unlawful status bars before leaving the U.S.

   
FOR DETAILED INFORMATION ABOUT PROSPECTIVE CHANGES TO THE PROVISIONAL WAIVERS, PLEASE CLICK HERE . . . 

SEVP GUIDANCE RELEASED: USCIS RELEASES THE SEVP POLICY GUIDANCE FOR ADJUDICATORS. 

Recently, USCIS released the SEVP interim final policy guidance on the definition of an "academic year" which is used by the SEVP when determining F-1 student eligibility for annual vacation, off-campus employment, and practical training. Guidance also summarize the amount of instructional time that a full-time student is expected to complete.

 

TO READ THE SEVP GUIDANCE, PLEASE CLICK HERE . . . 

DOL CALLED UPON TO EXPAND ITS JURISDICTION: DOL TO EXPAND SUPPORT FOR VICTIMS OF HUMAN TRAFFICKING SEEKING T AND U VISAS.

In early 2015, the Wage and Hour Division (WHD) of the Department of Labor will begin exercising authority to certify applications for trafficking victims seeking T visas. In addition, WHD will expand its existing U visa program by certifying such requests when it detects three additional qualifying criminal activities in the course of its workplace investigations: extortion, forced labor, and fraud in foreign labor contracting. These efforts will significantly help qualifying victims of these crimes receive immigration relief from the Department of Homeland Security (DHS) and access the range of victim services that they need to recover and rebuild their lives.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

ON THE FLIP-SIDE: OBAMA'S IMMIGRATION MOVE MAY DISAPPOINT BUSINESSES SAYS ABC NEWS.

The President's recent announcement about administrative relief has certainly made many immigrants in the U.S. quite happy. However, many business leaders seem to be disappointed with the move reports ABC News. President Obama's executive actions on immigration appear to have overlooked many of the business immigration community's top priorities. 

 

TO READ MORE ON THE "ABC NEWS STORY", PLEASE CLICK HERE . . . 

THE DECEMBER 2014 VISA BULLETIN IS OUT!!! CHECK OUT YOUR PRIORITY DATE ON THE VISA BULLETIN FOR DECEMBER 2014.

The U.S. Department of State (DOS) has released its December 2014 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications.

Foreign nationals may file applications to adjust their status to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cut-off dates specified by the DOS.

The December Visa Bulletin shows that cut-off dates in the EB-2 India category remain severely backlogged. Cut-off dates in EB-3 for the Rest of the World and China advance by five months, and EB-3 China is now ahead of EB-2 China.

 

FOR MORE 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.
OVERVIEW ABOUT "ALL" ADMINISTRATIVE BENEFITS  - IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTIONS.


President Obama has the legal authority under the Constitution and laws passed by Congress to decide how to prioritize immigration enforcement. In the past, Presidents Reagan, George H.W. Bush, Clinton, and George W. Bush used this authority. This issue brief uses less technical language and easy-to-understand examples to describe different actions the president can and should take now to make our broken immigration system work better. 
DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) - DEFERRED ACTION AND PARENT ACCOUNTABILITY AND PROVISIONAL WAIVERS.

 
 On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.  These initiatives include:
Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks.
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs.
Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee. 
 
BUSINESS IMMIGRATION: PROPOSED ADMINISTRATIVE RELIEF - EXECUTIVE ACTION ON IMMIGRATION.

 
 Optional Practical Training. Secretary Johnson has directed ICE and USCIS to develop regulations to expand the degree programs eligible for OPT under the rule that currently allows certain STEM professionals to use OPT for up to 29 months. The time period of 29 months will also be extended, but a specific number of additional months was not mentioned by Secretary Johnson in his memo to USCIS Director Rodriguez. ICE and USCIS are being directed to require "stronger ties" to a degree-granting institution to better ensure the training is furthering the student's full course of study. ICE and USCIS are also directed to take steps to ensure that OPT is consistent with US labor market protections to safeguard the interests of US workers in related fields. No details on these last provisions are provided though it sounds pretty open-ended and could make the OPT rules much more restrictive. There is also talk about counting undergraduate STEM programs for purposes of STEM OPT extensions even if the graduate degree is not in a STEM field.
PRESS RELEASE: The Immigration Law Offices of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. Open a New Office in Indianapolis, Indiana.
FOR IMMEDIATE RELEASE: Ridgewood, NJ - November 28th, 2014 - The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - also commonly known as VISASERVE - has opened a branch office in Indianapolis, Indiana, to provide U.S. and Canadian Immigration Law Support services for the Firm's existing and new Midwestern clients. "The Indianapolis office will help us serve our Indiana, Illinois and Ohio clients," says Michael Phulwani, Esq., one of the Managing Attorneys at the Firm. Phulwani states: "Many manufacturing concerns and other businesses have located in Indiana and continue to require the personal attention of staff in a nearby office."