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:  

HAPPY CHINESE NEW YEAR! 
 
The big political question now is whether the U.S. Department of Homeland 
Security (DHS) will receive funding from Congress beyond February, 2015. Many of our readers continue to send queries about the future viability of DAPA, DACA and future of President Obama's other Executive Action Immigration Relief(s) that were announced in November, 2014. Even with the Court decision out of Texas (see the story below), we continue to to remain cautiously optimistic but feel comforted by the fact that, historically, no Executive Action Relief(s) has been taken off-line. DACA extensions were set to be filed on February 18th but have been delayed. We still anticipate DAPA cases will be filed in the Spring and we are working with our clients and others to prepare document for the May filing date for DAPA. 

Of course, preparation of H-1B nonimmigrant visas for our clients and their professional and specialty occupation employee staff for the April 1st deadline continues. On April 1st, U.S. employers will file H-1B cap cases seeking October 1st 2015 start dates for professional and specialty occupation staff. Last year, because the demand for the H-1B nonimmigrant visa was so high, there was a "lottery". About three (3) H-1B petitions were filed for every one (1) spot available. We anticipate about the same demand (if not more) for this fiscal year.

We continue to closely monitor what is happening on Capitol Hill. An immigration system that works for the U.S. would strengthen national security while making the economy healthier. We continue to urge Congress and the President to put the U.S. economy first and fix our broken immigration system. The U.S. is a nation of immigrants, but many seem to have forgotten - or maybe just don't understand - how critical a vibrant immigrant community and a working immigration system are to the economic well-being of the U.S.

Immigration creates businesses. The Partnership for a New American Economy estimates that immigrants are nearly 50 percent more likely to start a business than native-born workers. These businesses create jobs and bring more customers into the supply chain, which in-turn generates more revenue for local governments and resources for communities. It is important to note that immigrants founded more than 40 percent of U.S. Fortune 500 companies - turning their American dreams into American jobs. That is just one reason why highly-skilled immigrants are so critical to growth. Today, there is a global competition for talent, and we cannot afford to lose out to other nations.

Creating an immigration system that reflects the realities of today's
economy needs to start with strong, meaningful reform that secures our borders, protects our citizens, enforces our laws and helps our economy grow. The right reforms include improving U.S. technological capability to enforce immigration laws, such as resources for border security and an E-Verify system for U.S. employers; welcoming legal immigrant workers to contribute to U.S. economic growth and job creation by increasing visas for higher-skilled workers and establishing a system for lower-skilled workers; and developing a process for undocumented immigrants already residing in the U.S. to come forward, undergo background checks, pay a penalty and earn legal status.

For more information about DAPA, DACA or President Obama's Administrative Relief, H-1B nonimmigrant visas for an April 1st filing date, or any other U.S. or Canadian business or family-based immigration law matter(s), please feel free to contact any of the immigration lawyers or immigration attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. by e-mailing us at info@visaserve.com or by calling our office at 201-670-0006 (x107).
 

AND THE BEAT GOES ON - STAY TUNED: DISTRICT COURT RULING TEMPORARY HALTED ACTION ON DACA & DAPA - PRESIDENT OBAMA'S IMMIGRATION ACTION.

A Federal Judge in Texas has temporarily blocked President Barack Obama's executive action on immigration, which has drawn opposition from 26 states across the nation. The Federal Judge in Texas has issued an injunction temporarily blocking President Barack Obama's executive action on immigration. Are DACA and DAPA in jeopardy of being terminated?  We think not. Interesting that a Judge is doing this. Seems like the Republican Politicians (who are anti-immigration) are hiding behind the judiciary now. They may be safe for the time-being but it is only a matter of time for people to realize that this Federal Judge is a puppet for the Radical Republican Group (that continues to spew anti-immigration ideals).

 

TO READ MORE, PLEASE CLICK HERE . . . 

 

For more information and assistance with DACA & DAPA or Provisional Waivers, 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 TOLL FREE at 866-599-3625. In the meantime, please be sure to check out our website at  http://www.visaserve.com for updates. 
HOW MUCH PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE PREVAILING WAGE IS IMPORTANT. By: Michael Phulwani,Esq., David Nachman, Esq., and Rabindra K. Singh, Esq. 

Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.

 

FOR DETAILED INFORMATION ON "H-1B EMPLOYEE PREVAILING WAGE", PLEASE CLICK HERE . . . 

DHS TO BOOST THE BUSINESS IMMIGRATION THROUGH "KNOWN EMPLOYER PROGRAM."

On January 8th, 2015, the Department of Homeland Security is considering a "Known Employer" pilot program to streamline adjudication of certain types of employment-based immigration benefit requests filed by eligible U.S. employers. The "Known Employer" pilot program, which the Department expects to commence by late-2015, is intended to make adjudications more efficient and less costly, while reducing paperwork and delays for both the Department and U.S. employers who seek to employ foreign national workers.

 

A goal of the pilot program would be to expedite or otherwise facilitate legitimate cross-border business travel along the Northern border ports-of-entry, which is a bi-national commitment under the North American Free Trade Agreement (NAFTA) as well as the U.S.-Canada Beyond the Border initiative. 

 

CBP PREMIERES NEW WELCOME VIDEOS FOR INTERNATIONAL AIR TRAVELERS.    

U.S. Customs and Border Protection welcomes more than 100 million international air travelers to the United States each year. CBP always tries to make sure that the travelers feel that their arrival experience is secure, friendly and attentive.

 

To help to educate the public, CBP issued four videos, "Know Before You Go," "Know Before You Visit," "You've Arrived," and "How to Expedite Your Entry". These videos are a fresh approach to CBP's public outreach and the video communication efforts highlight the improved international arrivals process. These new videos will inform visitors and citizens about CBP procedures so travelers know what to expect prior to arriving in the United States. 

 

TO READ MORE, PLEASE CLICK HERE . . . 

GETTING READY FOR THE H-1B FILING SEASON: H-1B NONIMMIGRANT PROFESSIONAL AND SPECIALTY WORK VISA FILING TIPS FOR APRIL 1ST, 2015.     

H-1B season is quickly approaching and numerous highly-skilled foreign professionals who are either abroad or who are in the U.S. in OPT are getting ready to meet the April 1st H-1B filing deadline. It is very important at this crucial time to know some of the filing tips and tricks so that you can be able to file the perfect H-1B.  

 

NPZ Law Group, P.C Immigration attorneys seek to share some filing tips for the H-1B. The guide covers various section such as LCA filing timeline, Errors impact, filling fees and many more.

 

TO READ THE "H-1B FILLING TIPS", PLEASE CLICK HERE . . . 

 

IS YOUR VISA PRIORITY DATE CURRENT? U.S. DEPARTMENT OF STATE (DOS) RELEASES THE VISA BULLETIN FOR MARCH 2015 - CHARLIE GIVES US HIS OPINION - LOOKING INTO A CRYSTAL BALL?:  

The really big news in the March 2015 Visa Bulletin is the advancement of the EB-2 India cut-off date by 16 months - from September 1st, 2005 to January 1st, 2007. Consistent with the U.S. Department of State's (DOS) projections last month, EB-2 India has advanced much earlier than in prior years and more dramatically than the 4 to 6 month minimum discussed in last month's report.


The DOS is pursuing this strategy in an effort to help ensure the adjudication of pending EB-2 India adjustment of status applications before time sensitive materials expire, and to allow sufficient time for applications to be processed should resources issues arise toward the end of the fiscal year. DOS anticipates that EB-2 India will advance further in April, though probably not as significantly as that which we saw for March. DOS anticipates that the EB-2 India cut-off date will
likely continue to advance through this fiscal year, but at a steadier rate and without a huge leap forward near the end of the fiscal year as it has in the past.  

 

As a result of the EB-2 movement, DOS anticipates an increase in EB-3 to EB-2 upgrades and hence, more adjustment of status filings. If these numbers are significant, the advancement of EB-2 India may slow, or require a correction. EB-2 India remains a category to watch closely as the fiscal year progresses. 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

 
 H-1B ARTICLE SERIES IN SPANISH (SE HABLA ESPANOL). 
 

PRESENTAR UNA PETICIÓN H-1B EL 1 DE ABRIL: ¿QUÉ NECESITAN SABER LOS POTENCIALES EMPLEADORES Y LOS EMPLEADOS H-1B? [PARTE I] Por: Michael Phulwani, Esq, David H. Nachman, Esq, y Rabindra K. Singh, Esq.  

Aunque la economía de Estados Unidos se desaceleró un poco durante el cuarto trimestre de 2014, los informes recientes sugieren que habrá un nuevo repunte debido al crecimiento de empleo continuo, la confianza del consumidor y el aumento de gastos. ¿Qué significa esto para los profesionales de inmigración, profesionales, empleadores y posibles empleados H-1B?  

 

Suponiendo que la economía se lleva a cabo según lo proyectado, es muy probable que veamos a una vez más, como lo vimos en 2014, la lotería H-1B (técnicamente denominado "Proceso de selección aleatorio") durante abril del 2015. Para prepararse mejor para el límite de H-1B, este artículo pretende resumir algunas sugerencias prácticas que cada prospectivo empleador y empleado H-1B deben saber.

 

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.