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 By NJICLE. 

 

 

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 detailed information about this event.     

 

  

  
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OUR OFFICES:

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Mumbai 400 051, India

   

ATT: Ms. Sangeeta Dave   

 

Dear Readers: 
 

During the month of April, the U.S. immigration and nationality law dealt-up the same roller coaster ride that it usually does. The H-1B cap was reached in the first week of April with the USCIS announcing a record-breaking number of submissions. Of course, the significant H-1B submissions signal the potential for a strong U.S. economy but also continue to point to the travesty of relying upon a random lottery to decide what sectors will be successful in the Fall. As "April showers bring May flowers",  April's H-1Bs bring a flurry of RFEs. While we do breathe a deep sigh of relief for the H-1Bs that were chosen for the clients of our Firm (in the lottery), we also grumble at the breadth and depth of some of the RFE requests that are issued by the USCIS.


Another interesting development in late-April was the filing of a lawsuit by Save Jobs USA, seeking declaratory and injunctive relief against the H-4 EAD rule. Save Jobs USA claims the DHS/USCIS does not possess the statutory authority to enact the H-4 EAD rule and the group has asked the Court to declare the H-4 EAD rule invalid and to prohibit implementation of the H-4 EAD regulation.See Save Jobs USA v. DHS, Civil Action No. 1:15-cv-615, United States District for District of Columbia, April 23, 2015. The chance that an injunction will be issued by the Court is not clear. However, we remind our readers that few expected the new DAPA and DACA programs to have fallen victim to a preliminary injunction sought by 26 States. H-4 EAD hopefuls need to be aware of this development and need to understand the political climate continues to be shadowed by anti-foreign worker forces.


For more information or to schedule a consultation about H-1B nonimmigrant visa alternatives, the prospective H-4 EAD regulation, or any other U.S. an/or Canadian immigration law issue(s), please feel free to contact the U.S. and/or Canadian immigration lawyers and immigration law attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at info@visaserve.com or you can call us at 201-670-0006 (x107).

"DEFINING PARTNERSHIP OF 21ST CENTURY": E VISA POSSIBILITY FOR INDIAN CITIZENS? By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra K. Singh, Esq.   

U.S. immigration laws specifically authorize the issuance of E visas to nationals of a country that has qualifying treaty[i] of commerce and navigation with the United States. Such qualifying treaties may include treaties of Friendship, Commerce and Navigation (FCNs) and Bilateral Investment Treaties (BITs).


A BIT is an agreement establishing the terms and conditions for private investment by nationals and companies of onestate in another state. This type of investment is called Foreign Direct Investment (FDI). BITs acts as a tool in protecting the FDI in a volatile market. Especially, they protect foreign investments in light of the risks that foreign investors face in many parts of the world, including cancellation of concessions, leases, or licenses; expropriation of shares; windfall, royalty, and other taxes; exchange rate risks; prohibition on the repatriation of profits; political or court interference; environmental regulation and remediation responsibility; land rights issues; riots; and protests, to name but a few. Faced with such risks, and given the likelihood that local courts and laws may not provide a speedy, effective and unbiased means of resolving investment disputes, BITs provide foreign investors with an additional level of protection under international law.


There are two types of E visas: Treaty Trader visa (E-1) and Treaty Investor Visa (E-2).


TO READ MORE, PLEASE CLICK HERE . . .

NEW FOR SPRING: USCIS TO ACCEPT THE NEW VERSION OF FORM I-129 BEGINNING MAY 1ST.    

Beginning Friday, May 1st, 2015, USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker. The edition date is printed at the bottom of every page. USCIS will reject previous editions of this form ios submitted on, or after, May 1st.

 

USCIS issued the new version of the I-129 in January and USCIS has continued to accept old versions during the transition period, which ended Thursday, April 30th.

 

FOR MORE INFORMATION, PLEASE CLICK HERE . . . 

DERIVATIVES CAN STUDY ON A LIMITED BASIS: DHS FINAL RULE ON STUDY OPTIONS FOR F-2 AND M-2 NONIMMIGRANTS.  

Recently DHS finalized a rule discussing the study options for many F-2 and M-2 nonimmigrants which will be effective from May 29th, 2015. The Department of Homeland Security is amending its regulations under the Student and Exchange Visitor Program (SEVP) to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students.  

 

This new rule grants school officials more flexibility in determining the number of designated school officials to nominate for the oversight of campuses. The rule also provides greater incentive for international students to study in the United States by permitting accompanying spouses and children of academic and vocational nonimmigrant students with F-1 or M-1 nonimmigrant status to enroll in study at an SEVP-certified school so long as any study remains less than a full course of study. F-2 and M-2 spouses and children remain prohibited, however, from engaging in a full course of study unless they apply for, and DHS approves, a change of nonimmigrant status to a nonimmigrant status authorizing such study.

 

FOR MORE DETAILED INFORMATION, PLEASE CLICK HERE . . . 

U.S DOL & U.S. DEPARTMENT OF HOMELAND SECURITY ANNOUNCE A NEW RULE FOR THE H-2B VISA FOR TEMPORARY NONIMMIGRANTS.  

On April 28th, 2015, U.S Department of Labor and the U.S. Department of Homeland Security (DHS) announced an interim final rule to reinstate and make improvements to the H-2B visa program and a final rule to establish the prevailing wage methodology for that program. These rules strengthen protections for U.S. workers, providing that they have a fair shot at finding and applying for jobs for which employers are seeking H-2B workers, while also providing that employers can access foreign workers on a temporary basis when U.S. workers are not available.

 

The Departments intend these rules to support our nation's businesses and the U.S. economy by expeditiously reinstating the H-2B program and bringing certainty, stability, and continuity to the program in reaction to litigation on multiple fronts that has threatened to terminate employers' ability to use H-2B workers. The new rules also provide interim transition procedures so that employers have time to adjust to the new rules.

 

FOR MORE INFORMATION, PLEASE CLICK HERE . . . 

USCIS ANNOUNCES IMMIGRATION RELIEF FOR YEMENI NATIONALS.   

Due to the uncontrolled, unstable security and tense situation looming in Yemen, the USCIS is supporting Yemini Nationals by providing several available immigration relief measures. Immigration relief measures that may be available upon request include:

 

1. Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;

 

2. Extension of certain grants of Parole made by USCIS;

 

3. Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;

 

4. Expedited adjudication of employment authorization applications, where appropriate; and

 

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.

NPZ VIDEO UPDATES: CUT-OFF DATES FOR MAY 2015 (VISA BULLETIN FOR MAY 2015) | DEFERRED ACTION (DACA AND DAPA UPDATES)  AND OTHER IMMIGRATION LAW UPDATES.  

  

 
  Michael Phulwani, Esq., one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., is recognized with a Liftetime Achievement Award by the N.J. State Bar and the Visa Bulletin for May 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories, and what's the update on DACA and DAPA?
THE DEVASTATION IS TRAGIC! Please Help NPZ Law Group Help Nepal Earthquake Relief by Donating Today. 

On April 25th, 2015, a magnitude 7.8 earthquake, centered less than 50 miles from Kathmandu, struck Nepal with devastating force, toppling homes, temples, and historic buildings and causing untold damage to thousands. 


Reports indicate the loss of life to be over 5,000. However, given that the rescue efforts are still in their early stages, it seems probable that the number will rise. When it comes to emergency and disaster relief, being a human being, no matter from where we are, which religion we belong, requires that we stand together and support our brothers and sisters to get back to their normal lives.

The Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. will be making a contribution of 10% of all initial consultation fees for thirty days. Our donation to the relief effort will help the people of Nepal to get clean water, toilets, and shelter to thousands. 

Please step forward and help us (at NPZ) support the Nepal Earth Quake Relief Effort. 


FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .