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

UPCOMING EVENTS

  

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

U.S. Immigration Law Updates Including President Obama's Administrative Relief Programs.

When: Wednesday, March 25th, 2015 

from 12:00 PM to 2:00 PM.

 

Where:

Bergen County Bar Association - The George W. Newman Law Building located at 15 Bergen Street, Hackensack, NJ 07601

 

 

For detailed information about NPZ's immigration law events, please click here . . .

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:: 201-670-0006 (X100)

 
OUR OFFICES:

NEW JERSEY OFFICE:

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Phone: 201-670-0006 (x107)

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Phone: 317-936-6600 

INDIA AFFILIATED OFFICES:

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ATT:  Kaival 


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Mumbai 400 051, India  

ATT: Sangeeta    

 

Dear Readers:
 
March-madness continues to be the harbinger of the impending April 1st deadline for H-1B cap cases pursuant to which U.S. employers will be seeking October 1st start dates for H-1B hopefuls. Due to increasing improvement in the U.S. economy, it is highly-likely that there will be an H-1B lottery within the first several days of the H-1B deadline. Last year there were over 172,000 H-1B petitions submitted for 85,000 spots. We are expecting the same (and even more) this year. If you have not already begun preparing for the 2015 H-1B season, now is the time to do it. Our office provides prospective H-1B employers and employees with Overview documents and Checklists that describe the information that you need to provide to your immigration lawyer(s) to prepare the H-1B work visa.

We continue to work with clients to prepare them for their DACA and DAPA filings under the President's new expanded DACA and DAPA programs. While a Federal Court in the State of Texas has issued an injunction (which has temporarily slowed the DACA and DAPA filing processes), we remain cautiously optimistic that the programs will be back on-line soonest. President Obama continues to vow that he will do everything in his power to make sure that the DAPA and expanded DACA programs (as well as the other announcements that the President made about U.S. immigration laws in November) become a reality. Of course, it is difficult to look into a crystal ball to know what the future holds. However, since the Obama Program was so thoroughly vetted by the President's lawyers before its issuance, it is our hope that the programs will soon "spring to life".

For those of our readers who utilize the services of U.S. immigration lawyers, we wish to remind you that commencing on April 13th, 2015, USCIS reports that a new G-28, Notice of Appearance of Attorney or Representative, will be used. It is important to note that this documents allows beneficiaries to specify if they want documents to be sent to a lawyer or to be sent to the individual's address. It continue to be our Firm's policy to have the documents sent to our offices so that our software can be updated. When we receive a notice from the USCIS we always immediately work to get our clients the information about the case as quickly as possible.

For more information about U.S. and/or Canadian Immigration Law we invite you to visit our website at http://www.visaserve.com  We also invite you to contact us by phone at 201-670-0006 (x107) if you, your friends, or any member of your family, may have any questions about the U.S. immigration and nationality law. You can also feel free to e-mail to us anytime at info@visaserve.com if you need any additional information or clarification(s). 

Although the U.S. economy slowed down a bit during the fourth quarter of 2014, recent reports suggest that it would pick up again because of continued job growth, consumer confidence and spending increases. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2014, witness the H-1B lottery (technically referred to as "Random Selection Process") during April 2015. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.

 

TO READ MORE, PLEASE CLICK HERE . . . 
SUBMITTING AN H-1B PETITION ON APRIL 1ST: WHAT PROSPECTIVE H-1B EMPLOYERS AND EMPLOYEES NEED TO KNOW? [Part II]  By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq.  

Part II of the H-1B article series is focusing on some of the major points that needs to be considered while filing H-1B petition on April 1st. Major points such as filing fee, H-1B salary and benching cost, compliance issue associated with the LCA and demonstrating Sufficient Level of "Control" Over Prospective H-1B Employee(s).

 

FOR MORE INFORMATION, PLEASE CLICK HERE . . . 

H-1B NONIMMIGRANT PROFESSIONAL AND SPECIALTY WORK VISA FILING TIPS FOR APRIL 1st 2015.  

This article summarizes the April 1st 2015 H-1B filing tips. Various tips that need to be considered in order to get ready for the H-1B rush. Make sure your checklist involves critical areas of filing such as:

 

1. File the LCA Early;  

2. Avoid filing errors;

3. Quality filing;

4. Filing fees;

5. Don't be late.

 

TO READ MORE, PLEASE CLICK HERE . . .   
H-1B PETITION PREPARATION & FILING: THE WHATS, WHYS AND HOWS OF EDUCATION AND/OR EXPERIENCE EVALUATIONS. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Most prospective H-1B employees and H-1B employers begin with either of the following two questions: "I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify" or"I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa."

 

As briefly touched-upon in our previous article[i], it is mandatory that both the proffered position and prospective employee should qualify for the H-1B visa. To build on previous article, this article will explore the importance of educational and/or experience equivalency evaluations, and explain certain precautions that an employer and/or a prospective H-1B employee can take in order to avoid a potential Request for Evidence (RFE) and/or denial of the H-1B nonimmigrant petition.

 

TO READ MORE ABOUT THE "MINIMUM REQUIREMENT TO QUALIFY FOR H-1B", PLEASE CLICK HERE . . . 

HOW TO ASK YOUR EMPLOYER ABOUT DOING AN H-1B FOR YOU IF YOU ARE IN OPTIONAL PRACTICAL TRAINING (OPT) OR ON A STEM OPT EXTENSION. BY: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq.

We are in the midst of the H-1B season. If you have not yet begun to prepare the H-1B for the April 1st filing date, do not despair. It is not too late. It will take about a week or so to submit and receive an approval for the Labor Condition Application (LCA - Form 9035) from the U.S. Department of Labor (DOL) but there is still time. The most important thing to do now is to immediately ask your employer to submit an H-1B Petition on your behalf.

 

TO READ MORE, PLEASE CLICK HERE . . . 

USCIS ISSUES A POLICY  MEMORANDUM: ADJUDICATION OF H-1B PETITIONS FOR NURSING OCCUPATIONS.

On February 18th, 2015, USCIS issued a policy memorandum providing guidance on the adjudication of H-1B petitions for nursing positions. Specifically, the Memorandum assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a "specialty occupation". 

 

The Memorandum supersedes any prior guidance on the subject. If you are in a Nursing Occupation and are getting ready to file an H-1B on April 1st, 2015, please be sure to review the Policy Memorandum.

  
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

VISA BULLETIN FROM DOS: THE APRIL 2015 VISA BULLETIN IS OUT - IS YOUR PRIORITY DATE CURRENT?  

DOS recently released the April 2015 Visa Bulletin. There continues to be positive news for several immigrant visa categories. There is continued progression of the Philippines EB-3, the Worldwide-All Other EB-3, the Mexican EB-3 dates. These are now at October 2014, which is the closest to CURRENT that they have been in years.  

 

India EB-2 moved forward too. It moved to September 2007, representing a two and a half year increase in the last three months. Chinese numbers have righted themselves. For two years the Chinese EB-3 has been more favorable than Chinese EB-2. Chinese EB-2 is now further along then EB-3 Priority date.

  

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .

SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH (AND MANY OTHER LANGUAGES).

CÓMO SOLICITAR A SU EMPLEADOR QUE PRESENTE UNA VISA H-1B PARA USTED SI SE ENCUENTRA EN FORMACIÓN PRÁCTICA OPCIONAL (OPT) O EN UNA EXTENSION DE OPT STEM.  

Estamos en medio de la temporada de H-1B. Si usted todavía no ha comenzado a preparar la visa H-1B para su presentación el 1ero de Abril, no se desespere. No es demasiado tarde. Tomará alrededor de una semana más o menos para enviar y recibir una aprobación para la Solicitud de Condición Laboral (LCA - Formulario 9035) del Departamento de Trabajo (DOL), pero todavía hay tiempo. La cosa más importante que hacer ahora es pedir inmediatamente a su empleador el presentar una petición H-1B en su nombre.

 

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.

Obama's November 20th, 2014 Executive Actions Announcement | H-4 Applicants Can Work | H-4 EAD Card - How Long Will It Take To Get The EAD?

  

 
- Obama's November 20, 2014 Executive Action
- Injunction on executive action which has placed DACA and DAPA on temporary hold because of Judge Hanen.
- Injunction is Temporary Restraining Order (TRO) for Government not to proceed with Executive Action.
- TRO is being appealed:
a) An application for the dissolution of the TRO in the Texas Courts.
b) An appeal was filed with the appeals court. 
- DACA applications are currently on hold.
- Previous DACA applicants are not affected.
- Claims of credit in passages of immigration reform.
H-4 Applicants may soon be able to work - May 26th, 2015.
- May 26, 2015, H-4 applicants will be able to apply for employment authorization. 
DAPA | DACA | MARRIAGES | DIVORCE |ADOPTIONS

  


 

DAPA/DACA
- Effect of criminal charges and convictions while applying for DACA.
- Current guidelines available for DACA.
- No current guidelines available under DAPA.
Marriages/Divorce/Adoptions
- Validity of marriage, divorce and adoption in foreign country in the U.S.
- Recognizing marriage, divorce or adoption that may violate public policy.
- Bona-fides of marriages and proving a good faith marriage.
- Marriages performed while in removal proceedings.
- Conditional green cards vs. permanent green card.
- Removing conditions jointly or with a waiver.