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UPCOMING EVENTS
WHAT EVERY LAWYER SHOULD KNOW ABOUT U.S.
IMMIGRATION AND NATIONALITY LAW.
CLE FOR NJICLE.
Location
: Hilton Pearl River, 500 Veterans Memorial Drive, Pearl River, NY 10965
Date:
November 22nd, 2016
Time: 9:00 AM - 11:30 AM ET
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WEBINAR - IMMIGRATION RELATED EMPLOYMENT AUDITS AND INVESTIGATIONS
Location: Online
Date: February 23rd, 2017
Time: 12:00 PM - 1:40 PM ET
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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 past several weeks have been filled with numerous U.S. immigration and nationality law news items. We received final guidance about the definition of "extreme hardship" from the US Department of Homeland Security, USCIS. We also came to know from the US Department of Labor (DOL - BALCA) that if a family member has an ownership interest in a PERM sponsor that this factor is NOT necessarily the death-knell of the labor certification case.
As previously reported, a FINAL rule regarding the DHS, USCIS, fee increases was promulgated. Under the final rule, DHS provided increases for just about all immigration fees of approximately 21%. We also became aware of a newly adopted decision in which a language immersion school became eligible for designation as an international "cultural exchange program" so that teachers could obtain a Q-1 (Disney) visa.
As we inch toward the November 7th Election Day, we remind our readers to VOTE (if you can) for the candidate that they feel will best represent the U.S. as the country's next "Commander in Chief". We also wish all of our observant friends and their families a happy, sweet and joyous Diwali Holiday.
We continue to remind our loyal readers that Nachman Phulwani Zimovcak (NPZ) Law Group are U.S. and Canadian immigration lawyers and attorneys. Our immigration practice spans the nation and the world. Our outbound practice continues to grow. If you, any of your colleagues, friends and/or family members require any US or Canadian immigration law assistance, please feel free to contact our office at info@visaserve.com or by calling us at 201-670-0006 (x107). It would be our pleasure to assist.
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NACHMAN PHULWANI ZIMOVCAK (NPZ) LAW GROUP, P.C. - OUR U.S. IMMIGRATION LAWYERS WILL TRAVEL TO INDIA TO VISIT FRIENDS, CLIENTS AND PRESENT U.S. IMMIGRATION LAW UPDATES.
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Nachman Phulwani Zimovcak (NPZ) Law Group is pleased to announce that, during the month of November - December, 2016, U.S. Immigration Attorney, David Nachman Esq. and Michael Phulwani Esq. will be visiting India and meeting with corporate (and other) clients and friends. They will be visiting Mumbai, Gujarat, New Delhi, and Jaipur. Mr. Nachman and Mr. Phulwani will be in India between November 28th, 2016 and December 20th, 2016. They will be speaking at several preorganized professional events and visiting the U.S. consulates.
There have been many important changes in the U.S. immigration regulatory landscape. Nonimmigrant and immigrant visa processing (such as the H-1B and Green Card) continue to be a challenge given the current climate and increased enforcement in the U.S. (and at the Consulate Offices abroad). It is important for up-to-date and cutting-edge information to be presented in a user-friendly manner. Since our last visit to India, there are many new developments in the immigration arena - for example, the recent International Entrepreneur Rule, Provisional Visa Waiver Expansion, STEM OPT Extension and much, much more. Also with the U.S. Presidential election coming up in November, we will be helping clients in India to understand "What to expect for Immigration and Visa Laws under the New Administration".
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FINES INCREASING: FRESH INCENTIVE FOR EMPLOYER IMMIGRATION LAW COMPLIANCE.
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The U.S. Department of Justice (DOJ) issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of the federal immigration law.
Under the Immigration Reform and Control Act of 1986 (IRCA), employers are prohibited from:
* Knowingly hiring or employing unauthorized workers;
* Failing to properly complete employee Form I-9s; and
* Engaging in unfair immigration-related employment practices.
Under the new DOJ rule (issued as a mandated adjustment for inflation), the fines for employer violations of IRCA increase by as much as 96 percent, depending on the type of violation and the nature and severity of the offense. The increased fines apply to penalties assessed after August 1st, 2016, for any violations occurring after November 2nd, 2015.
TO READ MORE, PLEASE CLICK HERE . . .
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TPS EXTENDED: TEMPORARY PROTECTED STATUS EXTENDED FOR NEPAL.
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On October 26th, 2016, U.S. Citizenship and Immigration Services (USCIS) issued a press release that Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Nepal (and those without nationality who last habitually resided in Nepal) for an additional 18 months, effective December 25th, 2016, through June 24th, 2018.
Current TPS Nepal beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from October 26th, 2016 through December 27th, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins.
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
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FEES INCREASING FOR IMMIGRATION FILINGS: USCIS ANNOUNCES THE FINAL RULE ADJUSTING IMMIGRATION BENEFIT APPLICATION AND PETITION FEES.
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On October 24th, 2016, U.S. Citizenship and Immigration Services (USCIS) announced a final rule published in the Federal Register adjusting the fees required for most immigration applications and petitions. The new fees will be effective December 23rd, 2016.
USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two (2) years to determine the funding levels necessary to administer the nation's immigration laws, process benefit requests and provide the infrastructure needed to support those activities.
Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions. This increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions.
TO READ MORE, PLEASE CLICK HERE . . .
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USCIS POLICY ALERT: SPECIAL IMMIGRANT JUVENILE CLASSIFICATION AND SPECIAL IMMIGRANT-BASED ADJUSTMENT OF STATUS
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U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the special immigrant juvenile (SIJ) classification and special immigrant-based (EB-4) adjustment of status, including adjustment based on classification as a special immigrant religious worker, SIJ, and G-4 international organization or NATO-6 employee or family member, among others.
Certain foreign nationals may be eligible for classification as special immigrants and seek adjustment to lawful permanent resident status based on such classification. One such classification is SIJ, which is available to certain children who, as determined through state juvenile court proceedings, cannot reunify with one or both parents because of abuse, neglect, abandonment, or a similar basis under state law.
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ICE ANNOUNCEMENT: SEVP FINAL GUIDANCE ON PATHWAY PROGRAMS FOR
F-1 POSTSECONDARY STUDENTS.
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SEVP Policy Guidance S7.2 provides information regarding pathway programs for F-1 postsecondary students who fail to meet the English proficiency requirements for admission into a certified degree program of study, or need to improve English competencies for that program.
The final guidance outlines Student and Exchange Visitor Information System instructions for how to:
· Input pathway program information into the school's Form I-17, "Petition for Approval of School for Attendance by Nonimmigrant Student."
· Properly issue a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," for a pathway program.
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Given that it is still very early in the new fiscal year, the final action dates in the November Visa Bulletin are not surprising. If you were to compare the October 2016 Visa Bulletin against the November 2016 Visa Bulletin you would find that almost all of DOS' predictions have materialized, with a few notable exceptions.
EB-4 El Salvador/Guatemala/Honduras advanced to July 15th, 2015. DOS continues to expect high demand in these categories and therefore any forward movement in the final action date will be slow. EB-4 India and EB-4 Mexico remain current.
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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 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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JOIN US FOR A SCREENING OF "BAJRANGI BHAIJAAN" ON NOVEMBER 5TH. SAVE THE DATE FOR THIS UPCOMING TEANECK INTERNATIONAL FILM FESTIVAL EXTRAVAGANZA. ONCE AGAIN, BOLLYWOOD COMES TO TEANECK, NEW JERSEY!!!
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The U.S. and Canadian Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group and the Teaneck International Film Festival (TIFF) and EROS Films, once again, join together to present BOLLYWOOD Film. This one is about a man with a magnanimous spirit who tries to take a young mute Pakistani girl back to her homeland to reunite her with her family. The film pulsates with heart and has a story to tell. It makes you laugh. It makes you cry. Join us for this Annual Bollywood extravaganza in Teaneck, NJ. A panel discussion will accompany the screening which will be hosted by NPZ, TIFF and EROS Films. Saturday, November 5th, 2016 From 1:40 pm to 4:00 pm Teaneck Cinemas, 503 Cedar Lane Teaneck, New Jersey 07666
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TO OUR OBSERVANT CLIENTS AND THEIR FAMILIES - WE WANT TO WISH YOU ALL A VERY HAPPY
DIWALI
&
PROSPEROUS NEW YEAR!
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ALSO WISHING YOU ALL A HAPPY HALLOWEEN!
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