Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update.
In This Issue:

UPCOMING EVENT

  

WHAT HR MANAGERS NEED TO KNOW TO PROTECT EMPLOYER'S FROM I-9 VIOLATIONS 

 

Where: 3/18/2015

 

Time: 

5:30 PM to 8:00 PM

 

Where:

Holiday Inn

 

Hasbrouck Heights

 

283 Rt. 17 South

 

Hasbrouck Heights, NJ 07604

 

 
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Dear Readers:   
 
There are quite a few new developments in the U.S. immigration and nationality arena. Also, the first month of the new year brings some new and interesting developments in the Canada immigration realm. On the U.S.immigration law side, it seems that our politicians are not happy with the teams going to the SUPERBOWL so they continue to make the immigration law a "political football". It was nice to see that some of the recent State Department announcements anticipate some significant visa number movement in some employment-based categories. Charles Oppenheim, the Chief of Visa
Control at the DOS, is providing some new and interesting projections. We invite our readers to check them out.

In other U.S. immigration and nationality news:  (1) the USCIS Revises the I-129 Petition for a Nonimmigrant Worker; and (2) Several Administrative Agencies Launch Awareness Campaigns on Executive Actions for Mexicans and Central Americans; and (3) the DHS Extends TPS for Salvadorans; and (4) DHS Extends, Redesignates TPS for Syrians; and (5) the U.S. State Department Revised Reciprocity Schedules for Several Countries and announced that the National Visa Center is now handling domestic visa inquiries. The immigration and nationality lawyers and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to try to keep you, your HR staff, your colleagues and your friends on the cutting-edge with regard to burgeoning U.S. immigration law news. Please feel free to SHARE our electronic newsletter with anyone you feel may benefit for these updates.

One of our Managing Attorneys is in India visiting our Mumbai office and meeting with clients there. Another is in Israel. We continue to be hard at work continuing to prepare cases for H-1B employers seeking the professional and specialty occupation services of H-1B nonimmigrants. Those cases need to be filed on (or very close to) April 1st 2015. The H-1B season is a very exciting time for immigration lawyers. Many employers who have done H-1B visas in the past understand the need to prepare documents early and to be sure that they have registered with D&B. The VIBE system that USCIS uses pings D&B. At a Vermont Service Center (VSC) Stakeholder Meeting in November 2014, NPZ staff were told that a registration with D&B may help the H-1B employer avoid delays. While a bit cliche  . . . "being forewarned is being forearmed".

On the Hill the immigration debate continues. ROLL CALL reports that: "GOP leadership laid out a strategy in which Republicans would have the opportunity to vote on a number of amendments aimed at defunding certain immigration activities: the president's executive action, his Deferred Action on Childhood Arrivals program and the so-called Morton Memos, which are formal measures from former Immigration and Customs Enforcement Director John Morton that relax enforcement of certain immigration laws". As we move into the month of February we can only hope that the GROUNDHOG will tell us not only how many weeks we have left of Winter but also what the future holds for DACA, DAPA and the extension of Provisional Waivers, etc.

For more information about any U.S. and/or Canadian immigration and nationality law issues, please feel free to contact the immigration and nationality lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group by e-mailing us at info@visaserve.com or by calling our offices at 201-670-0006 (x107). We have offices in NY, NJ and Indiana and affiliated offices in India and Canada. We look forward to being of assistance. 

H-1B MASTER'S CAP: NOT EVERY MASTER'S DEGREE FROM A UNITED STATES COLLEGE OR UNIVERSITY QUALIFIES A FOREIGN NATIONAL. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Many F-1 visa holders, particularly those who are engaged in Optional Practical Training (OPT), often change their nonimmigrant immigration status to become professional specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap[i]. There are an additional 20,000 H-1B visas, which are restricted to individuals who receive a master's degree (or higher degree) from a United States college or university [ii].

 

Immigration practitioners, F-1 students, and prospective H-1B employers should note that not every master's degree from a United States college or university qualifies a foreign national for the additional 20,000 H-1B visas under the H-1B "master's cap". For an individual to qualify under the master's cap, a few criteria need to be met.

 

TO READ MORE, PLEASE CLICK HERE . . . 

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. 

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 ("CIS") 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 visa to begin their employment on or after October 1st, 2015.

 

TO READ MORE, PLEASE CLICK HERE . . . 

IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION WAS ANNOUNCED BY PRESIDENT OBAMA. ARE YOU OR SOMEONE YOU KNOW A BENEFICIARY?
After years, President Obama has finally announced his plan for Administrative Relief. It is not a "Presidential Order". 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". The program will help unite families. This article summarizes a short description of some of the highlights of the President's proposed plan that was announced November 20th and 21st, 2014.

Various long awaited topics such as DACA expansion, DAPA (Deferred action for Parental Accountability), 
New regulations and policies regarding provisional waivers, Changes to Allow for Speedy Immigration Processing, Additional Methodologies For Providing Administrative Relief and To Allow Flexibility for Business Immigration Visa Applications and many more are covered under this action plan.
 

USCIS WILL BEGIN ACCEPTING REQUESTS FOR EXPANDED DACA ON FEBRUARY 18, 2015.   

On January 29th, 2015, USCIS announced that it will begin accepting requests for expanded DACA on February 18th, 2015. That will be the first day to request DACA under the revised guidelines established as part of President Obama's recent announcements on immigration. USCIS has advised the public to be extra careful to avoid immigration scams.

 

For more information and assistance in connection with DACA filings, please feel free to contact the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at 201-670-0006 (x107). The VISASERVE TEAM'S U.S. immigration lawyers or attorneys can also be reached by e-mail at info@visaserve.com or by calling us TOLL FREE at 1-866-599-3625. In the meantime, please be sure to check out our website at http://www.visaserve.biz for DACA, DAPA and other updates.

 

FOR DETAILED INFORMATION ON "DACA EXPANSION", PLEASE CLICK HERE . . . 

CHECK OUT NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP'S RECENT POWERPOINT PRESENTATION ABOUT THE EXPANSION OF PROVISIONAL UNLAWFUL PRESENCE WAIVERS / I-601A WAIVERA / STATESIDE PROCESSING OF WAIVERS.    

In March, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.  

 

This process shortens the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States. Last year this program ("Provisional waivers of unlawful presence") was expanded to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.

 

Recently NPZ Group, P.C created an informative powerpoint presentation for its readers that alludes to certain important points associated with the expansion of Provisional Unlawful Presence Waivers /I-601A waivers/ Stateside waivers.

 

PLEASE CLICK HERE TO VIEW THE PRESENTATION . . .

U.S. EMPLOYERS NEED TO BE CAREFUL ABOUT POTENTIAL I-9  FORM VIOLATIONS AND PENALTIES. 

The U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) continues to conduct audits of U.S. employers and to levy penalties for paperwork as well as knowing hire violations. It is important for employers to conduct internal audits to avoid potential violations. The NPZ Law Group staff continues to assist employers to organize and conduct internal I-9 Form audits.  

 

For any I-9 and E-verify related queries or assistance, please feel free to contact the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at 201-670-0006 (x107). The VISASERVE TEAM'S U.S. immigration lawyers or attorneys can also be reached by e-mail at info@visaserve.com or by calling us TOLL FREE at 1-866-599-3625. In the meantime, please be sure to check out our website at http://www.visaserve.com for updates.

 

PLEASE CLICK HERE TO READ THE FULL STORY . . .  

U.S. DEPARTMENT OF STATE REPORTS THAT THE FEBRUARY 2015 VISA BULLETIN IS OUT! CHECK TO SEE IF YOUR PRIORITY DATE IS CURRENT.  

The U.S. Department of State (DOS) released the February 2015 Visa Bulletin. The biggest news is the continued progression of the Philippines EB-3, the Worldwide-All Other EB-3 date and the Mexican EB-3 date. These are all now at January 2014. India EB-2 saw a jump in dates as well. We are pleased to see that it advanced seven months and is now at September 2005. Unfortunately, India EB-3 continued to move slowly and has only advanced to December 2003. 

 

The Chinese EB-2 and EB-3 numbers continued to move inconsistently. China EB-3 remains ahead of China EB-2 which has been the case for much of the last two years. The Visa Bulletin contained projections which, although interesting, are only "predictions". However, it continues to be our hope that the recent announcement by President Obama about proposed modifications to the Visa Delivery Process will prompt additional advancements and transparency in the visa issuance process. 

 

We encourage our readers to view our YOUTUBE videos in which we provide a complete analysis of the February Priority Dates and in which NPZ Law Group's Managing Attorneys, Michael Phulwani, Esq. and David Nachman, Esq., clearly describe some of the potential reasons for the advancements in the priority dates in the Visa Bulletin this month and what the predictions hold for the coming months and why those predictions may or may not be accurate.

 

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.

PRESIDENT OBAMA'S EXECUTIVE ACTIONS - DACA, DAPA AND PROVISIONAL WAIVER EXPANSION.

 
 
- Will DACA and DAPA last with Republican rule
- Current court cases challenging Executive Action
- Politics with Immigration between Republicans and Democrats
- Possible bills being presented about potential immigration reform 
ELIGIBILITY FOR DACA AND DAPA WITH CRIMINAL CONVICTIONS AND FOR CLIENTS WITH REMOVAL/DEPORTATION PROCEEDINGS - MORE INFORMATION ABOUT MARRIAGE CASES.

 
  
Eligibility for DACA and DAPA with criminal convictions and removal/deportation proceedings. Removal Order impact.
- DUI's affecting DACA eligibility. Does the client have a DWI?
- FAQ's for DACA cover eligibility for removal orders and criminal convictions. No guidelines under DAPA yet

Recognition of marriages for immigration purposes
- Bona fides of marriage for case filings.
- Legally done according to the law of the land.
- Proofs reflecting bona fides of the marriage.
- Applications that require bona fides of documents
- Conditional residence  and filing I-751.  
HOW DO I GET AN H-1B JOB? H-1B Season - Am I Eligible To Get a Professional Position for
H-1B Sponsorship in the U.S.?
 

Because we have received so many inquiries about whether NPZ Law Group helps to find H-1B jobs for our clients, and because we, as an Immigration Law Firm, do NOT (as a matter of course) find jobs for individuals . . . we have decided to join with our partners (here in the U.S. and in Canada) to create/refer a JOB BOARD.

 

The JOB Board - USA FIND JOB - is a JOB BOARD that allows potential candidates can post their resumes for review by Companies/Individuals that may be interested in sponsoring them for U.S. and Canada work visas. Please feel free to disseminate the following information . . .

 

Please feel free to have your "candidate" post his/her resume for consideration on this Job Board. Many Companies in the U.S. and in Canada will review the resumes posted and WILL potentially be willing to SPONSOR.

 

The following is a link to the website:     

 

                     http://www.usafindjob.com 

 

Posting a resume or C.V. on the USAFINDJOB site is a great way for any foreign national candidate to get exposure to employers who want/need particular skill-sets that ARE WILLING to SPONSOR foreign nationals for work visas in the U.S.