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 YOUTUBE AND THE WEB.
H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON MAY BE THE KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S.
CHECK OUT THE NPZ LAW GROUP'S RECENT POWERPOINT PRESENTATION ABOUT THE RECENT IMMIGRATION ACTION - ANNOUNCED BY PRESIDENT OBAMA IN NOVEMBER.
USCIS ANNOUNCES 68 COUNTRIES ELIGIBLE TO PARTICIPATE IN THE H-2A AND H-2B VISA PROGRAMS
DHS FINAL RULE FOR REAL ID-COMPLIANT DRIVER LICENSES, ID CARDS
CBP LAUNCHES NEW BORDER WAIT TIME APP FOR THE TRAVELERS
VISA BULLETIN FOR JANUARY 2015 IS OUT!!!
NEWS FROM THE CANADIAN LAW GROUP AT NPZ: THE NEW EXPRESS ENTRY SYSTEM IS EXPLAINED.
VISA BULLETIN FOR JANUARY 2015 - ADMINISTRATIVE RELIEF: DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY (DAPA).
ADMINISTRATIVE RELIEF: DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
HAPPY NEW YEAR 2015!!! ALL THE VERY BEST OF HEALTH, HAPPINESS AND PROSPERITY FROM OUR FAMILY TO YOURS.

UPCOMING EVENTS

  

2015 Hot Topics In Family/Immigration Law Practice

 

 

When: Wednesday, January 21, 2015

 

Time: 9:00 AM to 12:30 PM

 

Where:

New Jersey Law Center
One Constitution Square
New Brunswick, NJ 

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE... 

 

FORM I-9 WORKSHOP 2015 

 
When: January 29th, 2015
 
Where:
EANJ Training Room 30 West Mount Pleasant Avenue,
Suite 202
Livingston, NJ 07039
 
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:: 201-670-0006 (X100)

 
OUR OFFICES:

NEW JERSEY OFFICE:

VISASERVE Plaza
487 Goffle Road
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NEW YORK OFFICE:

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INDIANA OFFICE:

Indianapolis City Center 
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Indianapolis, IN 46204
Phone: 317-936-6600 

INDIA AFFILIATED OFFICES:

22 Vasant Kunj 
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India 


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 54/2515 Ashtavinayak CHS, Gandhinagar, Bandra (E) 

Mumbai 400 051, India   

 

Dear Readers:   
 
One of the last census reports that there are roughly 11 million unauthorized immigrants in the U.S. While President Obama's Executive Relief may offer a temporary reprieve for millions, some unauthorized immigrants might be eligible for permanent immigration relief and not even be aware of it. Consistently, the Immigration and Nationality Lawyers and Attorneys at the NPZ Law Group meet with individuals who were eligible for the Deferred Action for Childhood Arrivals (DACA) program and, upon analysis of their case, it also appears that they were potentially eligible for some other form of immigration relief, including permanent resident status. For example, many potential DACA applicants have also been eligible for U visa status.

DACA Expansion and Deferred Action for Parents of Americans (DAPA), the recently announced programs by President Obama, to provide temporary removal relief, are only "temporary". They do not lead to lawful permanent resident status or a path to U.S. Citizenship. However, there are other forms of relief that can provide more lasting U.S. immigration benefits. It is for this reason that it is important to screen potential DACA and DAPA applicants in order to properly consider whether they are eligible for any other form of immigration relief (that may be more beneficial to them).

In order to determine your U.S. immigration law options, it is important for unauthorized immigrants to seek competent legal services. It is critical for initial consultations with DAPA and DACA and Provisional Waiver Beneficiaries to include screenings for eligibility for other forms of relief instead of being limited only to the latest Executive Relief initiatives. The President's recent announcement will likely lead to many potential paths to lawful permanent resident status and should not be solely a screen for the latest relief announced. Nuances of the new Executive Relief are quite complex. However, with the assistance of competent and experienced legal counsel, potential beneficiaries may be able to open doors to benefits that transcend mere "deferred action".

If you, your friends, members of your family or your colleagues require the assistance and guidance of competent U.S. or Canadian immigration law attorneys or lawyers, please feel free to e-mail to us at info@visaserve.com or you can feel free to call the Immigration and Nationality Law Offices of Nachman Phulwani Zimovack (NPZ) at 201-670-0006 (x107). 

H-1B SEASON IS UPON US . . . WILL THE STATE OF THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON MAY BE THE KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S.

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will also hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the April 1st deadline (filing date) for "cap" subject H-1B professional and specialty occupation worker visas.

 

Well, here we go again . . .

 

As many HR Managers and Professionals are aware, April 1st, 2015 marks the first day when prospective H-1B petitioning employers and prospective H-1B employees will be able to apply to the U.S. Department of Labor ("DOL") for an Labor Condition Application ("LCA") and Petition to the U.S. Citizenship and Immigration Services ("USCIS") for H-1B nonimmigrant visa petitions for employment in the fiscal 2015 - 2016 year ("FY 2015"). Our ongoing advice to our H-1B employer clients continues to be that they need to think about filing H-1B petitions on (or very close to) April 1st for new and existing employees who will be eligible for a first-time H-1B visas to begin their employment on or after October 1st, 2015

 

TO READ MORE, PLEASE CLICK HERE . . .

CHECK OUT THE NPZ LAW GROUP'S RECENT POWERPOINT PRESENTATION ABOUT THE RECENT IMMIGRATION DEFERRED ACTION RELIEF - ANNOUNCED BY PRESIDENT OBAMA IN NOVEMBER.

See if you, a friend or a member of your family may qualify for these benefits. Also, see what the potential future viability of these benefits may be.

 

More than 1,100 immigrants are separated from their families and communities each day through removals/deportations.

 

1. The Obama administration has both the legal authority and the moral responsibility to prevent tomorrow's citizens from suffering the consequences of political inaction on Capitol Hill. It can act without congressional assistance by providing what's known in the legal community as "administrative relief."

 

2. "Administrative relief" is based on prosecutorial discretion (the power to make decisions about an immigrant's ability to remain in the U.S.) and includes various forms of temporary relief from removal/deportation and work authorization.

 

3. The U.S. Department of Homeland Security (DHS) can expand its prosecutorial discretion guidelines. Currently, DHS can postpone, suspend or stop removal/deportation proceedings, release a person from detention, or lower the priority of a case that does not serve enforcement interests. DHS also can grant work authorization and should expand the eligible categories to include people whose removal cases have been administratively closed. 

 

 TO READ MORE, PLEASE CLICK HERE . . .  

 

USCIS ANNOUNCES 68 COUNTRIES ELIGIBLE TO PARTICIPATE IN THE H-2A AND H-2B VISA PROGRAMS.

Recently USCIS and the Department of Homeland Security, in consultation with the Department of State, added the Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the year 2015. The notice listing the 68 eligible countries was published on December 16th, 2014 in the Federal Register.

 
The H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.  

 

This notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B 

status unless they apply to change or extend their status.   

 

TO VIEW THE LIST OF COUNTRIES ELIGIBLE FOR THE H-2A AND H-2B VISA PROGRAMS, PLEASE CLICK HERE . . .
DHS FINAL RULE FOR REAL ID-COMPLIANT DRIVER LICENSES, ID CARDS.

Pursuant to REAL ID regulations federal agencies may not accept State-issued driver's licenses or identification cards for official purposes from individuals born after December 1, 1964, unless the license or card is REAL ID-compliant and was issued by a compliant State as determined by DHS.  

 

Also, beginning December 1, 2017, federal agencies may not accept driver's licenses or identification cards for official purposes from any individual unless the card is REAL ID-compliant and was issued by a compliant State as determined by DHS. 

 

TO READ MORE ON THE FINAL REGULATION ASSOCIATED WITH REAL ID, PLEASE CLICK HERE . . . 

CBP LAUNCHES NEW BORDER WAIT TIME APP FOR TRAVELERS.

On December 16th 2014, CBP announced its launching of new app called "Border Wait Time". The app will make it easier for  travelers to plan their trip across the border. 


The app provides estimated wait times and open lane status at land ports of entry allowing travelers to make an informed decision of where and when to cross the border.  

 

Wait times for pedestrian and passenger and commercial vehicle crossings are broken down by lane type (standard, SENTRI, NEXUS, FAST, Ready Lane, etc.).

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

 THE VISA BULLETIN FOR JANUARY 2015 IS OUT. IS YOUR PRIORITY DATE CURRENT?  

The Department of State's (DOS) January Visa Bulletin brings some New Years cheer for China and "All Other Countries" designations indicating that that the EB-3 subcategory for professionals and skilled workers will advance by nine months for China, from June 1, 2010 to March 1, 2011, and seven months for "All Other Countries," from November 1, 2012 to June 1, 2013.  Unfortunately, the EB-3 category for India continues to be in a state of retrogression advancing only two weeks, from December 1, 2003 to December 15, 2003.

The EB-2 category offers little optimism with China advancing only a month, from January 1, 2010 to February 1, 2010, and India seeing no change from last month's Bulletin, remaining at February 15, 2005. The EB-2 category remains "current" for "All Other Countries."  The EB-5 category remains current for now, but is expected to change in the second half of the fiscal year.

 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 


NEWS FROM NORTH OF THE BORDER: CANADIAN IMMIGRATION LAW UPDATES: NPZ NEWS FROM NORTH OF BORDER.

THE NEW EXPRESS ENTRY SYSTEM IS EXPLAINED.

The Managing Lawyer of the Canadian Law Group at NPZ attended an informative Webinar hosted by representatives of CIC who manage the incoming Express Entry System. We wish to share what we have learned with our readers . . .

 

For those who don't already know, as of January 1st, 2015, applicants in the Foreign Skilled Worker, Skilled Trades, and Canadian Experience Class will have to apply for permanent residence to Canada through the online Express Entry System ("EE"). As we see it, the main thrust of the new EE system is that the Canadian Government is essentially taking control of selecting who can become a permanent resident of Canada.

 

TO READ MORE, PLEASE CLICK HERE . . . 


"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.

VISA BULLETIN FOR JANUARY 2015 AND ADMINISTRATIVE RELIEF: FURTHER INFORMATION ABOUT DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY (DAPA).

 
 
VISA BULLETIN FOR JANUARY 2015;
Deferred Action for Parental Accountability (DAPA):
1. U.S. Citizenship and Immigration Services (USCIS) will create a new deferred action process, granting deferred action to eligible Parents of U.S. Citizens and Lawful Permanent Residents.
2. The U.S. Citizen or lawful permanent resident child must have been born on or before November 20, 2014.
3. Includes step-children, if the marriage between the biological parent and step-parent occurred prior to the child's turning 1, and adopted children, if the adoption took place prior to the child's turning 16.
4. The parents must have been continuously present in the U.S. since January 1, 2010.
5. The parents must have been unlawfully present in the U.S. on November 20, 2014 and on the date the application is made.
6. The parents must learn English.
7. The parents must Pay Taxes Going Forward.
8. The parents must also not be an enforcement priority for removal from the United States. Individuals with removal/deportation orders issued on or before January 1, 2014 will not be a priority for removal.
9. The parent will be ineligible if convicted of a Felony, a Significant Misdemeanor or 3 or more Misdemeanors.
* Not Misdemeanors: Traffic Violations including Driving without a License.
10. Expunged and Juvenile convictions may not be Disqualifiers. 
11. Public Safety Threats Cannot qualify for DAPA - Gang Membership & Criminal Activities.
12. If DAPA is granted, the applicant will receive employment authorization for three years, provided they pass required background checks.
13. Applications will be accepted starting on May 20, 2015. 
MORE ON ADMINISTRATIVE RELIEF: THE EXTENSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) PROGRAM.

 
 
  Expanding the Current Deferred Action for Childhood Arrivals (DACA):
1. Expands DACA to young people who came to the U.S. before turning 16 years old. 
2. Have been present in the U.S since January 1, 2010 (continuous presence requirement has been shortened from June 15, 2007).
3. The expanded DACA initiative allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction), provided they meet all other guidelines. 
4. The government plans to extend the period of DACA and work authorization from two years to three years. 
5. This initiative is expected to be implemented approximately 90 days following the announcement (February 20, 2015?).
 
HAPPY NEW YEAR 2015!!! ALL THE VERY BEST OF HEALTH, HAPPINESS AND PROSPERITY FROM OUR FAMILY TO YOURS.