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:

   

NJICLE: U.S. Immigration Law Basics 

 

When: 

June 25th, 2015

Time: 9 AM to 4 PM

 

Where: 

New Jersey Law Center One Constitution Square New Brunswick, NJ


FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
 

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ANNOUNCEMENT FROM NPZ'S PARTNERSHIP WITH NECT: Join us for THE JUSTICE CONFERENCE and learn what Biblical Justice is and how you can bring it your community.  

Come to the event in Chicago or attend the telecast in Northern New Jersey . . .

 

Get equipped by nationally- and internationally-known Academics, Pastors, and Authors, including:

1. Local justice leaders; 2. Dr. Cornel West 3. Louie Giglio, Founder of The Passion Movement; 4. Musical Performance, by David Crowder.

  

When: Saturday, June 5th - 6th, 2015 at 9:30 AM to 9:00 PM.

  

Where: Chicago, IL

  

VIDEO SIMULCAST IN NEW JERSEY. 

  

 Please feel free contact us at info@visaserve.com for more detailed information about this upcoming event.     

 

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Dear Readers: 

This past week H-4 visa holders submitted requests for work authorization on Form I-765. Of course, this did not come without some pain. The recent announcement about a premium processing hold for H-1B extensions caused a bit of a stir.  Of course, it is likely to be "old news" by now, but the 5th Circuit did NOT grant the government's request to stay the injunction order previously entered by the Court. This means that while the DAPA and the New DACA programs continue to be delayed, they are not completely off-line. We hope that the DAPA and New DACA-program hopefuls will stay tuned for additional developments in the coming months. Oral argument on the merits of the case is scheduled for July 10th.  

  

We also note that  the Spring Rule-making Agenda  promulgated by USCIS deals with a few areas that were announced by President Obama in his Executive Actions in November. First, there appears to be some movement toward the implementation of "parole" status for "entrepreneurs" and "job creators" in the U.S.  Also, there are discussions about the proposal about granting work authorization to individuals (in certain cases) who have approved I-140s. There are attempts by the USCIS to give more clarity to situations where Job Mobility (under Section 106(c) of AC-21) may be utilized. Also, the DOL recently announced its desire to see the PERM process become "modernized".  

 

These recent announcements come on the heels of persistent and seemingly anti-immigration climate. We continue to deal with the "roller coaster" ride that the U.S. immigration and nationality law continues to serve-up to us. We continue to seek additional clarity with regard to many policy issues (such as the L-1B specialized knowledge definition) and we hope that the AILA Conference in Washington D.C. (to be held in June) will afford us the opportunity to speak directly to many of the "powers that be" so we can get a behind the scenes view about what the Washington D.C. immigration-law policymakers are "really " thinking.
 
Last, but certainly not least, the NPZ Law Group staff, want to wish a hearty congratulations to Michael Phulwani, Esq. the first Indian immigration lawyer to receive a Lifetime Achievement Award this week (in Florham Park, NJ) for his dedicated 40 plus years of practice in the field of U.S. Immigration and Nationality Law.  Our We all join in wishing congrats to Michael!

For more information about the U.S. or Canadian immigration law services of the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C.  and how our immigration lawyers and immigration attorneys can assist you, your friends or your colleagues or family members, please contact us by e-mail at info@visaserve.com or you can call us at 201-670-0006 (x107).

H-4 VISAHOLDERS MAY WORK: USCIS PUBLISHED FILING GUIDANCE FOR CERTAIN H-4 DEPENDENT SPOUSES.   

On May 21st, 2015, the USCIS published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the "Employment Authorization for Certain H-4 Dependent Spouses" final rule.

  

Beginning May 26th, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status.  

 

Specifically, the H-4 dependent spouse may apply for employment authorization if the H-1B nonimmigrant meets the requirements set-forth. Also in response to the stakeholder teleconference, USCIS posted a "Frequently Asked Questions" (FAQ) that can help clarify queries for many eligible applicants.

 

TO READ THE FAQ'S ABOUT THE PROCESS FOR H-4 DEPENDENTS TO OBTAIN WORK AUTHORIZATION, PLEASE CLICK HERE . . .
PREMIUM PROCESSING HIATUS: USCIS TEMPORARILY SUSPENDS PREMIUM PROCESSING FOR EXTENSION OF STAY H-1B PETITIONS.     

On May 26th, 2015, U.S. Citizenship and Immigration Services (USCIS) temporarily suspended premium processing for all H-1B Extension of Stay petitions until July 27th, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26th, 2015.


USCIS will refund the premium processing fee if:

  • A petitioner filed an H-1B petition prior to May 26th, 2015, using the premium processing service; and

  • USCIS did not act on the case within the 15-calendar-day period.

FOR MORE DETAILED INFORMATION, PLEASE CLICK HERE . . . 

NEW PREMIUM PROCESSING FORM: NEW VERSION OF FORM I-907 NOW AVAILABLE.   

Commencing on June 1st, 2015, USCIS will accept only the newly released version (edition date: 01/29/2015) of Form I-907, Request for Premium Processing Service. USCIS will reject all previous editions of the form if submitted after June 1st.

 

Form I-907 is used by employers to request expedited processing of certain employment-based petitions and applications. The Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Worker, have been designated for Premium Processing Service; however, not all designated classifications within these forms are eligible for Premium Processing Service, and the R-1 classification is only eligible after a successful on-site inspection at the location of employment.

 

TO READ MORE ABOUT THE NEW VERSION OF THE FORM I-907, PLEASE CLICK HERE . . . 

H-1B CHANGING GEOGRAPHICAL LOCATION? USCIS DRAFT GUIDANCE ON WHEN TO FILE AN AMENDED H-1B PETITION.   

Based on the Simeio Solutions, LLC case, USCIS Administrative Appeal Office (AAO), on April 9th, 2015, issued a precedent decision which held that employers must file amended H-1B petitions when a new Labor Condition Application for a Nonimmigrant Worker (LCA) is required due to a change in the H-1B worker's location. Specifically, the decision states:

 

1. When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee's eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. 214.2(h)(2)(i)(E) and (11)(i)(A) (2014). 

 

2. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.  

 

This precedent decision represents the USCIS' position that employers are required (under certain circumstances) to file an amended petition before placing an H-1B employee at a new worksite. USCIS will accept comments on the below draft guidance for a limited period of time.

 

 TO READ MORE, PLEASE CLICK HERE . . . 

E-VERIFY AND FORM I-9 RESOURCES IN URDU, PUNJABI, AND SOMALI LANGUAGES.  

A variety of E-Verify brochures, videos, presentations and fact sheets are available in various foreign languages to help employers and employees learn about E-Verify and use the program. E-Verify Further Action Notices and Referral Date Confirmations also have been translated into several languages.


Employers and employees can now get essential information in Urdu, Punjabi and Somali about Form I-9, E-Verify and how to correct their immigration records.

 

Stay tuned to our YOUTUBE Channel for an interview by Mr. Phulwani and Mr. Nachman of representatives of the Enumeration Division of the USCIS about E-Verify updates for U.S. employers.  

 

NEW DACA AND DAPA UPDATE: JULY DATE SET FOR HEARING ON OBAMA's EXECUTIVE ACTION ON IMMIGRATION.  

News published in "The Hill" reports that a federal appeals court said it has set a date to hear an expedited appeal of a lower court order that put President Obama's deportation relief programs on hold.  

 

As reported above, on July 10th, in New Orleans, the 5th Circuit Court of Appeals will hear oral arguments in the President's attempt to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen of Texas, which blocked several executive actions from taking effect.

 

TO READ MORE, PLEASE CLICK HERE . . . 


"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.

SOME INTERESTING U.S. IMMIGRATION LAW UPDATES: THE GOOD THE BAD AND THE UGLY - DAPA, DACA, I-140 EAD,  & PERM MODERNIZATION.    

  

 
 
  - BAD NEWS: 5th Circuit says DAPA and New DACA program injunction will not be dissolved. The Texas Motor vehicle department has a viable argument that it will get burdened by increase in drivers license issuance.
Possible strategies are: 1. En Banc Request for Rehearing to 5th Circuit - requires all judges to act unanimously. 2. Supreme Court Argument - but Supreme Court out until September. 3. Supreme Court determination only as to States affected (25)
- Good News: 1. Parole for Entrepreneurs Rule on the Spring USCIS rule making calender.
- EAD's for I-140 approvals on the Spring USCIS rule-making calender
- PERM Modernization announced 
THE UGLY:
Immigration issues continue to be political and a roller-coaster ride. Stay tuned for more U.S. immigration law updates.
Congratulations to Michael Phulwani, Esq. - 2015 New Jersey Law Journal LifeTime Achievement Award.