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:

   

Why Canada? Visiting, Living & Working in Canada - A Webinar

 

 

When: May 6th, 2015

Time: 12:00 PM to 1:40 PM

 

Where: Online Only All you need is web & phone access


FOR DETAILED INFORMATION, PLEASE CLICK HERE...
 

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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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Dear Readers: 
 

On the INTERNATIONAL front, David Nachman, Esq., one of the Managing Attorneys at the NPZ Law Group, recently returned from working remotely in India. He made several presentations about new developments in the business and family immigration arenas. Further, he spoke with and met with numerous politicians and dignitaries on this trip. Of special interest was his presentation to businesspersons in Gujarat about the importance for India to implement an E visa classification. Mr. Nachman told the attendees how it did not make any sense that Pakistan, Bangladesh and Sri Lanka (but not India) allow the E visa classification. Michael Phulwani, Esq. and David Nachman, Esq. continue to actively work to present a proposal for the E visa to the Office of the Prime Minister in India. The E visa option is now even more of a cutting-edge issue in light of H-1B visa usage.

 

On the DOMESTIC front, the U.S. Citizenship and Immigration Services (USCIS) has announced that they have reached the "H-1B cap" for fiscal year 2016. This happened in just seven (7) days after the April 1st filing date. It is reported that U.S. employers filed more petitions for H-1B visas to hire a skilled foreign worker then the entire year's allocation of visas available under the current law. Also, it is reported that this year's filings broke records. It is great that so many H-1B visas were filed because it signals a strong economy (at least projected for the Fall).

 

Every year, U.S. employers seeking highly-skilled foreign professionals submit their applications for the pool of H-1B visas that the USCIS makes available starting on April 1st. Congress has set a statutory limit of 65,000 visas for new hires, and 20,000 additional visas for foreign professionals who graduate with a Master's (or Doctorate) from a qualifying U.S. University. In recent years, demand for H-1B visas has exceeded supply and the cap has been quickly reached. USCIS also noted that it received more then the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. As in the past, USCIS will use a lottery, to randomly select the petitions to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

 

The exhaustion of the yearly "H-1B cap" in a matter of days signals that our immigration laws and policies are detached from business and economic demands. We reiterate that Congress needs to recognize that the H-1B and other temporary nonimmigrant visa programs play an important role growing and innovating the U.S. economy and enabling U.S. businesses to compete for global talent. Arbitrary caps and quotas continue to hamper innovation and motivation. The elimination of quotas and artificial caps will allow our Nation to keep pace with countries that welcome entrepreneurs and "job creators" with open arms.

 

Our fingers remain crossed for those who are "playing" the lottery. Of course, we all pray for the day that we do not have to see arbitrary determinations being made with regard to the success of one type of industry over another. Think about it . . . A lottery will decide whether or not the IT Sector will exceed the Manufacturing Sector in productive growth next year. Should not a "free market" exist whereby all sectors should be able to grow equally?

 

For more information about the H-1B nonimmigrant visa, marriage cases, waivers, visitor or student visas, administrative processing or other ways that the immigration law staff at Nachman Phulwani Zimovcak (NPZ) Law Group can be of assistance to you, your family, your colleagues or your friends, please feel free to contact us by e-mail at info@visaserve.com or by phone at 201-670-0006 (x107).

USCIS H-1B UPDATE NEWS: USCIS COMPLETES THE H-1B CAP RANDOM SELECTION PROCESS FOR FY 2016.   

U.S. Citizenship and Immigration Services (USCIS) announced on April 7th, 2015 that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the masters cap.

 

USCIS received nearly 233,000 H-1B petitions during the filing period, which began April 1st, including petitions filed for the advanced degree exemption. On April 13th, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

 

The agency will conduct the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.

 

FOR DETAILED INFORMATION, CLICK HERE . . .   

USCIS ANNOUNCES THE LOTTERY: USCIS ANNOUNCED THE H-1B CAP PREMIUM PROCESSING TO BEGIN APRIL 27TH.   

USCIS announced that on April 27th, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master's degree or higher.  

 

USCIS first announced in a news release that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season.

 

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. Premium processing continues to be a faster way for our clients to find out the USCIS' determination with regard to their cases.  

 

TO READ MORE, PLEASE CLICK HERE . . . 

AAO TO EMPLOYERS: SUBMIT AN AMENDED H-1B IF MOVING AN H-1B EMPLOYEE "WITHIN OR OUTSIDE" THE MSA. By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.

Putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), on April 9, 2015, clarified that an Amended H-1B Petition[1] is required to be submitted to United States Citizenship and Immigration Services (USCIS) when moving an H-1B worker from one work location to another[2].  

 

Although the holding of this "seminal decision" categorically refers to a move from one Metropolitan Statistical Area (MSA)[3] to another, through dicta, it is logical to conclude that an Amended H-1B Petition would also be required even if the move pertains to within the same MSA.

 

The AAO in Simeio Solutions categorically stated that: "A change in the place of employment of a beneficiary to a geographical area requiring a corresponding Labor Condition Application for Nonimmigrant Workers ("LCA") be certified to the U.S. Department of Homeland Security with respect to that beneficiary may affect eligibility for H-IB status; it is therefore a material change for purposes of 8 C.F.R. 2l4.2(h)(2)(i)(E) and (11)(i)(A) (2014)." (emphasis added).

 

TO READ MORE, PLEASE CLICK HERE . . . 

ANOTHER H-1B NONIMMIGRANT VISA LOTTERY IS LOOMING: WHAT IS YOUR H-1B BACK-UP PLAN IF YOU ARE NOT A LOTTERY WINNER?

On April 7th, 2015, USCIS announced that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the Masters cap.


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 READ MORE, 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 . . . 

IS THERE A DOCTOR IN THE HOUSE? USCIS TOOL MAKES IT EVEN EASIER TO FIND A CIVIL SURGEON - DOCTOR - FOR GREEN CARD APPLICANTS.    

U.S. Citizenship and Immigration Services (USCIS) has launched an enhanced tool to find local doctors authorized to perform medical examinations for green card applicants. The improved "Find a Doctor" locator lets you enter your address or ZIP code to search for a doctor based on distance. You can also look up directions and find local transportation. USCIS also added a helpful checklist of what to bring with you when you go for your doctor's visit.

 

All of this can be accessed online at any time using any device.

Only doctors authorized by USCIS, known as civil surgeons, may perform the exams that are usually required as part of the process for obtaining permanent resident status.

 

FOR MORE INFORMATION, PLEASE CLICK HERE . . .   

VISA BULLETIN FROM DOS: THE MAY 2015 DEPARTMENT OF STATE VISA BULLETIN IS OUT - IS YOUR PRIORITY DATE CURRENT?  IF SO, LET US KNOW! 

The U.S. State Department (DOS) released the May 2015 Visa Bulletin. The major development in the May Visa Bulletin is a significant forward movement in EB-2 category for India and also for the EB-2 category for China.  

 

The EB-3 category for the Philippines moved back by seven (7) years and, as predicted, the EB-5 category for China now has a cut-off date. For more details about the good, the bad and the ugly, click here and read more . . .

  

FOR STILL MORE 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. 
SEE PHOTOS FROM MR. NACHMAN'S RECENT TRIP TO INDIA AND SEVERAL BUSINESS IMMIGRATION PRESENTATIONS IN GUJARAT: Photos from the Nachman Phulwani Zimovcak (NPZ) Law Group speaking events about U.S. and Canadian immigration law developments held at the Ahmedabad Management Association (AMA) and Indo-America Chamber of Commerce in Gujarat, India organized with Delta Intertrade PVT. LTD.