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UPCOMING NPZ SPEAKING
EVENT:
U.S. IMMIGRATION WORK VISAS - A PRIMER FOR THE HUMAN RESOURCES PROFESSIONAL: HOW TO SELECT APPROPRIATE WORK VISAS (H-1B, L-1, O-1, E-1 OR TN)? HOW TO APPLY FOR A WORK VISA? WHO GETS A SOCIAL SECURITY CARD AND HOW? HOW DOES THE WORK VISA SQUARE WITH THE I-9 FORM AND E-VERIFY?
When: February 9th, 2016
Time: 5:30 PM to 7:30 PM
Where:
Rutgers Dinning Club on College Avenue, New Brunswick, NJ
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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 x130
(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
ATT: Ask for Sangeeta
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Dear Readers:
The New Year is off to an interesting start. The recent State of the Union address by the President has set the stage for the issues that are going to remain the focus of the platform for months to come. Interestingly, President Obama did a pretty good job of "poisoning the well" for Republican hopefuls that might take an aggressive stance on the issue of U.S. immigration.
Donald Trump tweeted that he was having a hard time listening to the President's address. We suspect that this is the case since much of what the President had to say was about "diversity" and "temperance" - which does not seem to be a part of the platform of the "Donald".
Also, and recently, the stock market took some stunning blows and it is anticipated that we will be in for a roller-coaster ride while Republicans and Democrats "duke it out" as we wind-through the Election Year. The state of the U.S. economy is also going to be "center stage" in the 2016 Presidential Election.
What is clearly the case is that U.S. immigration and nationality law is going to remain in the forefront of considerations for the 2016 Presidential Election.
However, and at the end of the day (and in the President's words), the U.S. economy remains strong (and continues to flourish at a 2.1% growth rate).
President Obama's promises about immigration reform are likely to continue to steadily be reported. We recently received notice about the much awaited Final Rule about continuing work authorization when an extension is filed for E-3 Australian and H-1B1 (Chile/Singapore Free Trade) visas. Also subsumed in that rule is a fix for evidence to be submitted for Outstanding Researcher and Professor cases and for recognition of "dual intent".
As protocols and procedures are likely to take hold in the K-1 arena and with regard to Administrative Processing under 221(g) holds at the U.S. Consular Offices abroad, we continue to assist our clients to recognize their U.S. immigration goals and dreams in 2016. To read some of the Nachman Phulwani Zimovcak (NPZ) Law Group case successes, please visit our website at
http://www.visaserve.com
To schedule an initial consultation with a member of our U.S. immigration law staff, please feel free to e-mail us at info@visaserve.com or you can contact our Client Services Manager (Joy) at 201-670-0006 (x104) and she will assist you to schedule a consultation at any one of our office locations. We remind our readers that we are immigration and nationality lawyers and that we can assist you, your HR staff, your friends and family, with a variety of U.S. and Canadian immigration law needs.
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H-1B FILING SEASON (FOR THE DEADLINE ON APRIL 1st, 2016) GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES .
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 Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly-likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as "Random Selection Process") in April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
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AC-21 PORTABILITY UPDATE: RECENT SECOND CIRCUIT CASE REQUIRES NOTICE OF REVOCATION OF I-140 TO PARTIES THAT ARE AFFECTED.
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In addition to the proposed new regulation issued on December 31st 2015 about skilled worker portability, a breakthrough decision was issued at the end of 2015 by the U.S. Court of Appeals for the Second Circuit, which sits in New York City. The Court ruled that U.S. Citizenship and Immigration Services (USCIS) must provide notice of its intent to revoke an immigrant visa petition to those who actually will be affected by the revocation.
In the context of an employment-based visa petition, this includes providing notice to the employee who moved to a new job (i.e., "ported") or the new employer. This decision is an important step toward ensuring a fair process for employers and employees, and it is crucial that USCIS implement the decision nationwide.
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PROPOSED CHANGES TO THE WORKSITE ENFORCEMENT ARENA AND EMPLOYMENT VERIFICATION (I-9 FORM) PROCESS: WHAT HR MANAGERS AND PROFESSIONALS NEED TO KNOW TO "RING-IN" THE NEW 2016 YEAR!
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At the end of 2015 there were two (2) important developments in the workplace enforcement arena that will be of great interest to Human Resources Managers and Professionals and other HR staff. First, a special memorandum was issued jointly by the U.S. Department of Homeland Security ("DHS") and U.S. Department of Justice ("DOJ") with regard to conducting internal I-9 Form audits. Second, a recent release from the DHS discusses the status of a new I-9 Form that DHS submitted for notice and comment.
On December 16th, 2015, DHS and DOJ jointly issued new guidance for employers about how to conduct internal I-9 Form audits. Oftentimes this process is referred to as the I-9 Form "self-audit" process. Self-audits remain instrumental as a methodology available for any employer seeking to minimize financial penalties due to incorrect or deficient I-9 Forms and to reduce the likelihood that the employer has inadvertently hired an unauthorized worker in contravention of the provisions of the Immigration Reform and Control Act of 1986 (as amended).
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USCIS ANNOUNCES NEW H-1B AND L-1 FEES: NEW LAW INCREASES H-1B & L-1 PETITION FEES .
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On January 12th, USCIS issued a press release stating
The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. Some petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18th, 2015.
The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) nonimmigrant status. These petitioners must submit the additional fees with an H-1B or L-1 petition filed:
1. Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act; or 2. To obtain authorization for a nonimmigrant in such status to change employers.
This fee is in addition to the base processing fee, Fraud Prevention and Detection Fee, American Competitiveness and Workforce Improvement Act of 1998 fee (when required), as well as the premium processing fee, if applicable. Public Law 114-113 fees will remain effective through September 30, 2025.
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NY ANNOUNCES NEW U VISA PROCEDURE: NYPD PROPOSED RULE ON U VISA CERTIFICATIONS.
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In 2000, Congress passed the Victims of Trafficking and Violence Prevention Act to encourage victims regardless of immigration status to report crimes and contribute to investigations and prosecutions and to support law enforcement efforts to investigate and prosecute crimes committed against immigrant victims. The law authorized U nonimmigrant status ("U visa"), which can be sought by immigrant victims of certain crimes who previously assisted, are currently assisting, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. The U visa is issued by the United States Citizenship and Immigration Services ("USCIS"), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement.
To be eligible for a U visa, immigrant victims must satisfy several federal statutory requirements, which include a completed law enforcement certification (USCIS Form I-918, Supplement B). Under the law, local law enforcement agencies, such as the New York City Police Department ("NYPD"), have the discretion to approve or deny a certification.
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U.S. IMMIGRATION LAW REMINDER: TIPS FOR FILING FORMS WITH USCIS.
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USCIS has posted to its website a "forms filing tips" section to give further clarity for applicants about the document preparation process.
Form fees, eligibility requirements, fee waiver eligibility, required documents, and mailing addresses vary depending on the document that is being prepared and why that document is being filed. These tips will help ensure that the USCIS accepts an application package and forwards the case to a field office or service center for appropriate processing.
- USCIS forms are available for free download in the USCIS forms section or by calling
1-800-870-3676
. The public is notified that persons should never pay for a blank USCIS form.
Commonsense tips for "Complete and Accurate Preparation" of U.S. immigration and nationality documents include:
- Use the most current form version.
- When possible, download the form from USCIS website and complete it with a computer.
- If you hand write your answers, use black ink. Make sure your entries are neat, legible, and within the space provided.
- We use special scanners to read your forms and documents. The scanners will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape.
- If you make an error, start over with a clean form.
- Complete the entire form.
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U AND T VISA UPDATES: DHS RELEASES UPDATES TO ITS LAW ENFORCEMENT RESOURCE GUIDE ON U AND T VISAS.
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In early December 2015, the Department of Homeland Security released updated guidance for law enforcement on resources available to victims of serious crimes, including human trafficking. The U and T Visa Law Enforcement Resource Guide provides federal, state, local, tribal, and territorial law enforcement officials with helpful information to support the investigations and prosecution of crimes involving qualified immigrant victims.
DHS is committed to supporting law enforcement investigations and the prosecution of crimes of human trafficking, domestic violence and other serious harm, as well as civil and criminal investigations into labor exploitation and abuse.
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THE JANUARY 2016 VISA BULLETIN: DOS REPORTS JANUARY 2016 VISA NUMBERS - IS YOUR PRIORITY DATE CURRENT? IF SO, PLEASE LET US KNOW.
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EB-2 India: In January, the final action dates for EB-2 India will advance eight months to February 1st, 2008. In large part, this reflects a continuing correction following a roll-back of the date at the end of fiscal year 2015. The DOS indicated that a monthly advancement of eight months in this category continues to be the best case scenario, but that the actual advancement may be around four to six months at a time. The DOS expects that recent movements will spur EB-3 upgrades which, if realized, would eventually impact demand and slow the advancement of the EB-2 India category, perhaps in early to mid-2016.
EB-3 Worldwide: In January, the final action date for EB-3 worldwide will advance by one month to October 15th, 2015. Given the advancement of this category in the past fiscal year, DOS anticipated more demand in this category than has been reported by USCIS. In order to avoid future retrogression of this category if significant demand materializes, DOS does not anticipate advancing this date too rapidly in the coming months.
Religious Workers and EB-5:
On December 11th, 2015, a short-term continuing resolution was passed and signed by the President, extending the religious worker and EB-5 Regional Center programs for 5 days, until December 16th, 2015. On December 16th, 2015, another continuing resolution was signed, keeping the government open and the EB-5 and religious worker programs running until December 22nd. Assuming the 2016 Omnibus Spending Bill is passed and signed prior to December 22nd, 2015 the EB-5 and religious worker programs will be extended through the end of fiscal year 2016 (through September 30th, 2016) and will have run without interruption. At this time, appointments for these categories are continuing to be scheduled.
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SE HABLA ESPANOL - OUR STAFF SPEAKS SPANISH AND MANY OTHER LANGUAGES.
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ES LA TEMPORADA PARA ESTAR ALEGRE Y ES CASI LA TEMPORADA H-1B 2017.
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Como recordatorio a todos los empleadores de los Estados Unidos, la temporada H-1B ya casi está aquí! El Servicio de Inmigración y Ciudadanía de los Estados Unidos ("USCIS") comenzará a aceptar nuevas peticiones H-1B para el año fiscal 2017 el viernes, 1 de abril de 2016. Como tal, los empleadores deben comenzar a identificar de inmediato a los empleados actuales y futuros que requerirán el patrocinio de nuevas visas H-1B. A modo de antecedente, USCIS emite visas H-1B para trabajadores extranjeros que sirven en "ocupaciones especializadas a nivel profesional". Una ocupación especializada requiere la aplicación teórica y práctica de un cuerpo de conocimiento altamente especializado, a realizar por un trabajador con al menos el equivalente a un título de licenciatura en el campo. Tanto el puesto a cubrir como la cualificación del trabajador extranjero debe cumplir con los criterios para una ocupación especializada.
TO READ MORE, PLEASE CLICK HERE . . .
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CÓMO LAS NUEVAS RESTRICCIONES SOBRE EL PROGRAMA DE EXENCIÓN DE VISAS (VWP) ?
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El personal del grupo de Abogados de Inmigración y Nacionalidad de los Estados Unidos, NPZ Law Group, P.C. les desea a nuestros lectores un muy feliz año nuevo y les recuerda que nos esforzamos por seguir proporcionando información de vanguardia en el ámbito de ley de rápido desarrollo y cambio de inmigración y nacionalidad de los Estados Unidos.
TO READ MORE, PLEASE CLICK HERE . . .
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"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.
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NPZ U.S. IMMIGRATION LAW VIDEO DETAILING A FREQUENTLY ASKED QUESTION: H-1B PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISA (PORTABILITY OR PREMIUM PROCESS).
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H-1B (Portability or Premium Process)
Portability under section 105, Premium process the case, company A, Company B, H-1B visa, professional and specialty occupation visa, move from one H-1B employer to another.
The AC21 H1B portability provisions state that a nonimmigrant, who was previously issued a visa or otherwise provided with nonimmigrant H1B status, is authorized to work upon the filing of an H1B petition by a new prospective employer if three requirements are met.
The three requirements are:
a) the foreign national has been lawfully admitted to the United States;
b) an employer has filed a petition for new employment for the individual prior to the expiration of his/her period of authorized stay; and
c) the individual has not been employed without authorization.
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