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UPCOMING
EVENT
FORM I-9 OVERVIEW AND UPDATES: AVOIDING ICE INVESTIGATIONS AND AUDITS.
Where:
GSC-SHRM
1 Convention Boulevard
Atlantic City, New Jersey 08401
When: September 26th, 2016 at 1:30 PM
Please contact us at infor@visaserve.com for more information.
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Quick Links
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:: 201-670-0006 (X100)
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OUR OFFICES:
NEW JERSEY OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006 (x107)
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
INDIA AFFILIATED OFFICES:
Kaival Chalishazar, Adv.
Kaival Chalishazar & Co.
22 Vasant Kunj
New Sharda Mandir Road, Paldi, Ahmedabad 380007, India
ATT: Call Kaival at x107
(This office provides "on the ground" services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints).
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Law Office of Michael Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
Call us at 201-670-0006 (x104) for contact details.
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Dear Readers:
The White House
announced a proposed rule to encourage entrepreneurs throughout the world to develop their ideas and create jobs in the U.S. This long-awaited initiative is part of the executive actions announced in November 2014.
Under current immigration law, Department of Homeland Security (DHS) has discretionary authority to grant parole on a case-by-case basis to individuals who offer a "significant public benefit." Under the proposed rule, an entrepreneur of a start-up company could be paroled into the United States for up to two years if he or she provides a "significant public benefit" by advancing the U.S. economy, enhancing innovation, generating capital investments, and creating jobs. Each applicant would be required to show the start-up was created in the last three years and the applicant retains a substantial ownership interest and an active, central role in the start-up's day-to-day operations.
Upon being granted parole, the entrepreneur would be authorized to work only for the start-up and could be accompanied by his or her spouse and unmarried children under 21 years old. The spouse also could receive work authorization. However, parole does not confer any legal immigration status and does not provide a parolee with temporary nonimmigrant status or lawful permanent resident status. The opportunity for parole would be available to both foreign nationals who are outside of the U.S. and those within the U.S., although the proposed rule does not specify whether entrepreneurs who are out of status may apply.
We remind our readers that the Nachman Phulwani Zimovcak (NPZ) Law Group has U.S. and Canadian immigration and nationality lawyers and immigration attorneys who help clients with a variety of immigration and nationality law services. The NPZ Law Group staff stands ready, willing and able to assist you, your friends, your family and/or your staff to obtain the best immigration law results. Please feel free to contact us at info@visaserve.com or you can call our offices at 201-670-0006 (x107).
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U.S. IMMIGRATION LAW ALERT: USCIS PROPOSES LONG OVERDUE RULE TO WELCOME INTERNATIONAL ENTREPRENEURS.
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U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States.
Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment.
"America's economy has long benefited from the contributions of immigrant entrepreneurs, from Main Street to Silicon Valley," said Director León Rodríguez. "This proposed rule, when finalized, will help our economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S."
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THE ONLY THING THAT REMAINS THE SAME IS "CHANGE": NEW FORM I-129S FOR INTRACOMPANY TRANSFEREES REQUIRED FOR BLANKET PETITIONS AFTER AUGUST 29th, 2016.
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The United States Citizenship and Immigration Services ("CIS") recently promulgated a revised Form I-129S, NONIMMIGRANT PETITION BASED ON BLANKET L PETITION. CIS announced that this document must be used exclusively in applications filed with after August 29th and the U.S. Department of State ("DOS") has confirmed that applicants for Blanket L-1 petition classification at United States consulates abroad must present the new document at interviews scheduled after August 29th, 2016.
Thus, any individuals who have a Blanket L petition and supporting documents using the current I-129s Form must apply for a visa prior to August 29th or update their presentations with the new form. Most of the changes to the new I-129s Form are cosmetic but there are some significant differences.
On the new I-129s Form, more detail is required as to the specifics of prior employment, including listing dates of employment and the proposed salary. It also requires the employer to identify "the percentage of time the beneficiary will spend performing the duties on a daily basis in the proposed U.S. position." At this point it is not clear how detailed this breakdown needs to be.
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AVOID PAYMENT SCAMS: USCIS DOES NOT ACCEPT FEES BY PHONE OR E-MAIL
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Immigrants all over the country are being targeted in scams. Don't be one of the victims! Scammers may call or email you, pretending to be a government official. They will say that there is a problem with an application or additional information is required to continue the immigration process. They will then ask for personal and sensitive details, and demand payment to fix any problems.
Remember, USCIS officials will never ask for payment over the phone or in an email. If USCIS need payment, USCIS will mail a letter on official stationery requesting payment.
If you receive a scam e-mail or phone call, report it to the Federal Trade Commission at http://1.usa.gov/1suOHSS. If you are not sure if it is a scam, forward the suspicious email to the USCIS Webmaster at uscis.webmaster@uscis.dhs.gov. USCIS will review the e-mails received and share with law enforcement agencies as appropriate.
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USCIS ASSISTS IN $20 MILLION VISA FRAUD INVESTIGATION CONCERNING H-1B VISAS.
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U.S. Citizenship and Immigration Services assisted with an investigation that has led to Raju Kosuri, 44, and Smriti Jharia, 45, a married couple from Ashburn, pleading guilty to charges of conspiracy to defraud the United States and visa fraud, among other charges.
Kosuri and Jharia were indicted on April 27th. According to the statement of facts filed with the plea agreement, Kosuri, Jharia, and their co-conspirators fraudulently applied for more than 900 illegal immigration benefits under the H-1B visa program. Since 2008, and at a much greater scale since 2011, Kosuri has built a staffing business that amounts to a visa-for-sale system, which violates federal law. Kosuri and Jharia also admitted to defrauding the Small Business Administration (SBA) in connection with a scheme to obtain HUBZone certification for a business named EcomNets Federal Solutions. Kosuri agreed to forfeit proceeds of his fraud schemes in the amount of $20,900,000.
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SEVP POLICY GUIDANCE ON FORM I-20 STUDENT AND DEPENDENT PERSONAL INFORMATION.
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On August 31st, 2016, ICE issued SEVP interim final policy guidance for adjudicators on the regulations and process for designated school official issuance of Forms I-20, "Certificate of Eligibility for Nonimmigrant Student Status," to F and M nonimmigrants. DSOs must comply with relevant federal regulations and should comply with the guidance interpretation of them to fulfill their responsibilities to the U.S. Department of Homeland Security (DHS). Where more restrictive, adjudicators should ensure that DSOs comply with school policies.
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USCIS has automatically extended the validity of employment authorization documents issued under the last extension/designation of TPS El Salvador for an additional 6 months, through March 9th, 2017. If you have a TPS El Salvador EAD with an original expiration date of September 9th, 2016, you are covered by this automatic extension and may continue to work. For more information on TPS eligibility requirements, what to file, and step by step instructions go to
http://www.uscis.gov/tps.
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DOS reports that the infusion of FY 2017 visa numbers will make EB-4 India and EB-4 Mexico current in October. The final action date for EB-4 El Salvador / Guatemala / Honduras should move to a date sometime in the summer of 2015, and possibly beyond. Given the high applicant demand in this category for El Salvador relative to the other two countries, it is possible that we will see a more advanced final action date for Guatemala and Honduras.
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CHECKOUT VISASERVE'S REGULARLY UPDATED YOUTUBE VIDEO LIBRARY (SOME SELECTIONS BELOW) ABOUT U.S. AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
Check us out at . . .
https://www.youtube.com/watch?v=3Crfb5L_vlo
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CHECK OUT OUR LAW FIRM'S INSTRUCTIVE IMMIGRATION LAW VIDEOS: WHAT YOU NEED TO KNOW ABOUT SWITCHING STUDENT VISAS TO H-1B VISAS AND H-1B FILINGS.
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Which petitions and beneficiaries qualify for a F-1 visa to H-1B visa cap gap extension ?
H-1B petitions must be timely filed on behalf of an eligible F-1 student. Timely filed means that the H-1B application (indicating change of status rather than consular processing) was filed during the H1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the grace period.)
Once a timely filing has been made, the automatic cap gap extension will begin and will continue until the H-1B process has been completed. If the F-1 student's H-1B petition is selected and approved, the student's extension will continue through September 30th unless the petition is denied or revoked. If the student's H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice to prepare for and depart the United States. Students are strongly encouraged to stay in close communication with their petitioning employer during the cap gap extension period for status updates on the H-1B petition processing. A Form I-797, Notice of Action, with a valid receipt number, is evidence that the petition was filed and accepted.
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FCHECK OUT OUR INSTRUCTIVE IMMIGRATION LAW VIDEO: FAMILY-BASED IMMIGRANT VISA | SPONSORING MARRIED SON OR DAUGHTER OF A U.S. CITIZEN PARENTS.
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FAMILY-BASED IMMIGRANT VISA - SPONSORING MARRIED SON OR DAUGHTER OF A U.S. CITIZEN PARENTS. DOES MARRIAGE CHANGE A CASE?
Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).
Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:
IR-1: Spouse of a U.S. Citizen - Learn More
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
IR-3: Orphan adopted abroad by a U.S. Citizen - Learn More
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen - Learn More
IR-5: Parent of a U.S. Citizen who is at least 21 years old
Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:
Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)
Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.
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PRESS RELEASE FROM NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP, P.C. - 23RD EDITION OF THE BEST LAWYERS® SELECTS MANAGING ATTORNEY, DAVID H. NACHMAN, ESQ., AS ONE OF THE "BEST LAWYERS IN AMERICA".
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 Best Lawyers have released the 23rd Edition of the "Best Lawyers in America". David Nachman, Esq., one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., have been selected by his peers as being among one of the "Best Lawyers in America" in the practice area of U.S. Business Immigration and Nationality Laws. He is humbled by this recognition.
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