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

UPCOMING NPZ LAW SPEAKING
EVENTS:

  

 

 

 

 

NPZ Law Group Managing Attorney, David Nachman, Esq. will be Presenting at Two (2) Upcoming Events in Gujarat, India, next week. See Flyers above for  more information and please feel free to share with friends and family and your colleagues.

 

Additionally, NPZ Law Group Attorneys, Felicia Zeidman, Esq. and David Nachman, Esq. will be presenting a Panel on U-Visas, Visas for Victims  of Certain Crimes, along with the Camden County Prosecutor's Office in Eatontown, NJ,  on May 7th, 2015. Please contact us at info@visaserve.com for more information.     

 

  

  
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ATT:  Kaival 


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Mumbai 400 051, India

   

ATT: Ms. Sangeeta Dave   

 

Dear Readers: 
 
This is not an April Fool's joke. Today is the opening of the H-1B visa lottery. Within the next few days, this year's H-1B visa cap will be reached and only a limited number of highly-skilled immigrants will be able to stay in the U.S. to start companies and create jobs, instead of doing so for our foreign competitors.

Perhaps it is our Nation that continues to be the April Fool! As our myriad of H-1Bs slowly find their way to the loading docks at the USCIS Service Centers, we sit back and contemplate the reality of our broken immigration system. How can it be the case that the most powerful and industrious nation in the world leaves the value added by highly-skilled workers to nothing less then a "game of chance"?

Last year, over 172,000 applications were received for 65,000 Bachelor's (and for 20,000 Master's slots). The USCIS stopped accepting applications after five days and they are anticipating the same for this fiscal year's (FY 2016) filings. Our system is bad for entrepreneurs as well as the U.S. economy.

The statistics speak for themselves. For every hundred H-1B workers in the U.S., an additional 183 jobs are created for native-born workers. We need to focus on fixing our visa system and putting into place measures that keep top-talent in the U.S. We continue to provide outstanding minds with some of the best education in the world in Science, Technology, Engineering and Mathematics (STEM) only to send them back home with those valuable educational assets. Does this make any sense at all?

President Obama recognizes the importance of keeping STEM workers in the U.S. Specifically, and just this week, reference was made at a meeting at a meeting at the Brookings Institute to ways that we can improve the STEM extension program to allow international students to apply for STEM extensions and/or to expand the categories that can apply for STEM extensions. But this is only a temporary fix. We need to consider more proactive ways to allow STEM workers to make contributions and to grow businesses in the U.S.

A short anecdote . . . a few years back, during the summer, we had an international student living with us and working in CPT at a local IT start-up company several miles away. In the mornings, another worker (a U.S. worker and Citizen at that company) would come to our residence to pick-up the student to take him to work. The U.S. worker came to know that NPZ was assisting the IT Company to incorporate and with regard its U.S. business immigration law needs. The U.S. worker took me aside and said . . . "thank you". He shared with me that for many years he was unemployed and that due to the work of NPZ (and its staff) he was given a new "lease on life". He got a job opportunity to contribute to a growing venture.
Now, in its third year of business, that IT company's business is booming and they have hired 5 to 7 additional U.S. workers.

Our immigration system shouldn't be based on "chance". Foreign entrepreneurs who want to contribute to economic growth, expand opportunity, and create jobs for native-born Americans, shouldn't have their futures depend on what is tantamount to a "roll of the dice".  Let's NOT be the April Fools!

For more information about the U.S. and Canadian immigration law services of the Nachman Phulwani Zimovcak (NPZ) Law Group, please feel free to contact us at info@visaserve.com or you can feel free to call our offices at 201-670-0006 (x107). The VISASERVE TEAM looks forward to assisting you, your colleagues and your friends and family members. For more information, please feel free to visit our information-packed website at http://www.visaserve.com

PRESIDENT OBAMA ASKED FOR IT IN NOVEMBER 2014 . . . NOW, HERE IT IS . . .  THE USCIS PROMULGATES L-1B GUIDANCE MEMORANDUM HELPING TO MORE CLEARLY DEFINE WHAT IS "SPECIALIZED KNOWLEDGE" FOR L-1B INTRACOMPANY TRANSFEREES.  

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez recently announced the release of an updated policy memorandum (the "Memorandum") on the L-1B nonimmigrant visa classification for workers with "specialized knowledge".

The Memorandum seeks to clarify how L-1B petitioners may demonstrate that an intended L-1B intracompany transferee employee has specialized knowledge. The Memorandum will be posted on-line for a 45-day public feedback period. The Memorandum is slotted to go into effect on August 31st, 2015. The immigration and nationality lawyers at Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. are working closely with other immigration attorneys at a national-level to provide comments to the Memorandum. NPZ continues to seek more and additional "objective" methodologies and "reasonable" guidance for inclusion in the Memorandum to assist L-1B petitioners and visa hopefuls to understand the legal standards for this important visa classification.

"This policy memorandum, once it goes into effect, will help companies in the United States better use the skills of talented employees in the global marketplace," said Rodríguez, the USCIS Director. "These changes maintain the integrity of the L-1B program while recognizing the fluid dynamics of the 21st century business world. We listened to the concerns of our partners to develop this policy and look forward to the public's feedback."

The Memorandum is a "work in process" and VISASERVE will continue to keep its readers updated about new developments as they emerge with regard to this important and burgeoning area of the business immigration law.

FOR DETAILED INFORMATION ABOUT THE NEW L-1B MEMORANDUM, PLEASE CLICK HERE . . . 

OCI CARDHOLDER: INDIA OFFERS MULTIPLE ENTRY & MULTI-PURPOSE LIFE-LONG VISA TO ITS OVERSEAS CITIZENS. By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq.  

The Indian Prime Minister, Mr. Narendra Modi, during his last visit to the United States, had promised to the Indian community about a life-time visa and exemption from the requirement of registering with police authorities during long-term stays in India for Persons of Indian Origin (PIO) [1].

 

Giving effect to the Prime Minister's promise, the Central Government of India [2] through a Gazette Notification [3] notified that that the PIO card scheme has been merged with the OCI scheme [4] and the new scheme will be referred as"Overseas Citizen of India (OCI) cardholder. The new scheme need not be confused with dual citizenship because the Constitution of India does not offer dual citizenship. This is only a scheme to bring PIO and OCI in parity.  

 

FOR DETAILED INFORMATION ABOUT THE "OCI CARD ELIGIBILITY REQUIREMENTS, BENEFITS AND MORE", PLEASE CLICK HERE . . . 

SO H-4 DEPENDENTS CAN WORK?  BUT CAN USCIS ISSUE EADS IN A TIMELY MANNER?  DHS EXTENDS ELIGIBILITY FOR EMPLOYMENT AUTHORIZATION TO CERTAIN H-4 DEPENDENT SPOUSES OF H-1B NONIMMIGRANTS SEEKING EMPLOYMENT-BASED LAWFUL PERMANENT RESIDENCE.  

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced recently that, effective May 26, 2015, the Department of Homeland Security (DHS) will be extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

While we certainly hail the initiatives in this area by the President and by the USCIS, we have to wonder about the ability of the USCIS to be able to issue Employment Authorization Documents (EADS) in a timely manner to H-4 applicants.


FOR MORE INFORMATION ABOUT THE "H-4 EMPLOYMENT AUTHORIZATION" TO BE EFFECTIVE MAY 26th 2015, PLEASE CLICK HERE . . .

TECHNOLOGY UPGRADES AT USCIS BENEFIT GREEN CARD RENEWAL APPLICANTS: FORM I-90 NOW AVAILABLE ON ELIS.

The Form I-90, Application to Replace Permanent Resident Card, is now available in the USCIS Electronic Immigration System (ELIS). USCIS ELIS is an online, account-based system that allows applicants to submit and view certain immigration benefit requests and to receive electronic notification of decisions and real-time case status updates.

 

USCIS conducted a 72-hour limited introduction of the Form I-90 in ELIS in November 2014. Improvements to the Form I-90 were made based on user feedback gathered during the limited introduction. USCIS is currently processing applications filed during this period and will consider them in the order in they were received.

 

FOR MORE DETAILED INFORMATION ABOUT ELIS ANF FORM I-90, PLEASE CLICK HERE . . .

 

ANOTHER H-1B NONIMMIGRANT VISA LOTTERY IS LOOMING: NOW IS THE TIME TO START TO THINK ABOUT YOUR H-1B BACK-UP PLAN.

Last year, at about this time, the USCIS announced that it has received 172,500 H-1B petitions for the fiscal year 2015 which began on October 1st, 2014. The H-1B lottery (also referred as "random selection process ") is likely to be conducted again this year and, in a few weeks, the USCIS will begin to send out H-1B receipt notices.


With uncertainty looming large as to who may or may not "win the lottery" or who may or may not cross the 'threshold' hurdle of H-1B visas, it is time that H-1B visa hopefuls (and their prospective H-1B employers) start to explore other nonimmigrant work visa options to allow them to work and live in the United States on a temporary basis.


This article is timely in nature and it seeks to capture and present some of the possible nonimmigrant work visa options that may be available to prospective H-1B visa beneficiaries who do not "win the H-1B lottery" this fiscal year and who do not get counted toward the 2016 Fiscal Year H-1B cap.

 

FOR DETAILED INFORMATION ABOUT H-1B BACK-UP PLANS, 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 . . .


"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's decision.
- Injunction is a Temporary Restraining Order (TRO) for Government not to proceed with Executive Action.
- TRO is being appealed to the 5th Circuit:
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.