Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Newsletter and Update.
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Call us at 201-670-0006 (x104) for contact details.
 
Dear Readers: 
 
This week our E-zine brings you Season's Greetings from Canada. David Nachman, Esq., one of the Firm's Managing Attorneys is visiting friends, family, colleagues and affiliated offices in Montreal. Concerns abound "North-of-the-Border" for the future that the new Trump Administration may bring. Speaking to many Canadians in Montreal, there is great concern not only about the potential future of the Free Trade Agreement (FTA), but also for what impact Trump may have on the future of U.S. immigration laws. Canada continues to be a viable destination for those from around the world, who are on the move in search of safety and protection. NPZ Law Group continues to work to provide US and Canadian inbound and outbound immigration law services.  
 
There were many new and important developments in the U.S. immigration arena over the past several weeks. Recently, the AAO announced a precedent decision in the National Interest Waiver (NIW) arena that liberalizes the use of this green card classification for entrepreneurs, investors and those bringing developments in STEM to the United States. This initiative is consistent with the plan outlined by President Obama in November 2014.

Additionally, the government filing fees for the USCIS were increased effective on December 23rd. It was certainly "coal in the stocking" and an interesting Christmas gift to "one and all". DHS also officially announced the end of a Bush-era registry called NSEERS. The NSEERS program was completely ineffective as a way to find terrorists following the program implementation after 9/11.
 
In addition, before Congress took a break for the holidays, a push was made to extend a safe harbor for DACA beneficiaries. This was done to try to help preserve a program resulting in a savings to U.S. employers (over time) of $3.4 billion. The prospective actions of the incoming Trump Administration with regard to DACA remain to be seen. However, as our Managing Attorneys have pointed out, there may now be unique opportunities for comprehensive immigration reform (CIR) (unlike before) to be signed into law.
 
We continue to remind our loyal readers (and others) that we are U.S. and Canadian immigration and nationality lawyers. If we can be of assistance to you, your friends, your family, or your staff, please feel free to e-mail to us at info@visaserve.com or to call us at 201-670-0006 (x107). Happy holidays to all of our readers and all the best for a safe and happy and healthy 2017 new year!!!!
MORE OF THE SAME - THE OBAMA IMMIGRATION LEGACY - SKILLED LABOR REGULATION TO EASE JOB PORTABILITY WITH NOT A MOMENT TO SPARE.
The final version of the long-awaited U.S. Department of Homeland Security (DHS) regulation, "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers," was recently promulgated and it is due to take effect on January 17, 2017.
 
The rule updates and amends current regulations and guidance concerning employment-based visa programs to better enable U.S. employers to sponsor and retain highly-skilled nonimmigrant workers and provide greater stability and job flexibility for those workers. The rule also clarifies several agency guidance memoranda, judicial determinations and procedures and seeks to provide consistency among agency adjudications.
 
The new regulation is quite comprehensive and addresses numerous areas of skilled worker visa nuances. 
 
RECENT AAO PRECEDENT CASE LIBERALIZES THE NIW STANDARD BY OVERRULING NYSDOT:  A NEW ANALYSIS IS PROPOSED FOR THE NATIONAL INTEREST WAIVER STANDARD.
A recent case reported by the Administrative Appeals Office (AAO) and designated as a precedent decision, changes and seemingly liberalizes the legal standard used for analyzing the National Interest Waiver (NIW), an oft-used self-petition EB-2 Green Card category. 
 
The case appears to change the NIW analysis by overruling NYSDOT and it seemingly affords additional liberalization for consideration of entrepreneurship and STEM as inherently being in the "nation's interest".
 
For additional additional information about the potential new legal standards may impact your chances of obtaining a green card in the US using the NIW, please email the Nachman Phulwani Zimovcak (NPZ) Law Group (the VISASERVE Team) at info@visaserve.com or please feel free to call us at 201-670-0006 (x107)
 
EAD EXTENSION FOR CERTAIN NEPALI F-1 STUDENTS.    
  
On December 27th, 2016, Department of Homeland Security (DHS) published notice in the Federal Register (Vol. 81, No. 248) to inform  the public of the extension of an earlier notice, which suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal (Nepal) and who are experiencing severe economic hardship as a direct result of the earthquake in Nepal on April 25, 2015.

The notice extends the effective date of that earlier notice. These students will continue to be allowed to apply for employment authorization, work an increased number of hours while school is in session provided that they satisfy the minimum course load requirement, while continuing to maintain their F-1 student status until June 24th, 2018. This notice is effective December 27th, 2016 and will remain in effect through June 24th, 2018."
 
 
GOOD TIMES FOR NRI INVESTMENTS IN INDIA - By: Shekhar Raj Sharma (Practicing Lawyer at the Supreme Court of India) .
   
THE UPCOMING ORGANISED REAL ESTATE SECTOR IN INDIA
 
This article is in continuance of my previous article "Modi Trumped Donald on Demonetization". In this article, I'll be focusing on estate planning for NRIs or investments in real estate considering the recent demonetization. The Indian Government this year notified a new act called The Real Estate (Regulation and Development Act,2016). It is commonly known as RERA. This will now bring transparency in the developers and they will be accountable to the consumer through a law in force for timely delivery etc. 
 
The Real Estate sector in India was one where maximum unaccounted money or cash was used. It is said that in any Estate deal 60% accounted money was used and remaining 40% was through cash, irrespective of the amount. Now for two years this proportion came down due to slow down in corrupt practices and vigilance of the current regime. Therefore, there is a massive availability of ready to move in Flats, Apartments, Pent Houses etc. and their price have come down to 50 %. Hence there is a negative Growth in real estate market in India. Total FDI in the construction sector, from April 2000-March 2016 stood at US$ 24.188 billion. 
 
MERRY CHRISTMAS - THE GIFT FROM USCIS: USCIS FEE CHANGES TAKE EFFECT DECEMBER 23RD, 2016. 
USCIS reminds applicants and petitioners to pay USCIS new fees with forms postmarked or filed on or after December 23rd, 2016, or USCIS will not be able to accept the filings. USCIS will only accept previous fees if they are postmarked December 22nd or earlier. 
 
Beginning on December 23rd, you will no longer have a 14-day grace period to correct a failed fee payment. USCIS will immediately reject a benefit request for nonpayment and will also no longer hold benefit requests submitted without the correct biometric services fees. You must pay biometric services fees, if applicable, at the time of filing.

USCIS will reject a benefit request if it is received without the correct biometric services fee, as specified in the form instructions.
 
 
When new fees for most USCIS forms went into effect on December 23rd, 2016, USCIS published updated versions of the forms at uscis.gov/forms. USCIS strongly encourage customers to submit these new versions, which are updated with the new fees and have an edition date of 12/23/16.

USCIS will accept prior versions of forms, with the exception of Form N-400, until February 21st, 2017. However, all filings postmarked 12/23/16 or later must include the new fees or USCIS will reject them. 
 
EB-4 EL SALVADOR, GUATEMALA, HONDURAS AND MEXICO. DOS continues to observe huge demand in the EB-4 category, especially with respect to El Salvador, Guatemala, Honduras, and Mexico. As previously reported, this is largely due to demand for Special Immigrant Juvenile (SIJS) visas from these countries.

As noted in the January 2017 Visa Bulletin, the final action dates for these categories may retrogress at some point this fiscal year. When asked when this might occur, DOS stated that the lack of visibility into USCIS demand in these categories makes it difficult to predict. It is unclear whether the high usage is attributable to a one-time clearing out of SIJS-based I-485 cases which had retrogressed briefly at the end of the last fiscal year, or whether there are still large numbers of cases with early priority dates pending at USCIS. 



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

H-1B SEASON IS NEARLY UPON US: PROFESSIONAL AND SPECIALTY OCCUPATION WORK VISAS EXEMPT FROM THE H-1B CAP.  
 
 
 
H-1B cap exempt category was created by the US government to ensure adequate supply of skilled labor available to US establishments in certain important sectors. Sponsorships are around the year and regardless of the H-1B cap subject quota situation. 

There are H-1B Cap-Exempt employers that hire professionals on H-1B visa throughout the year regardless of the H-1B quota situation. Cap exempt employers are those establishments which are not subjected to the annual H-1B visa numerical limitation as set by the US Government. Following classes of employers fall under the Cap-Exempt category. 
 
1. A not for profit institution of higher education 
 
2. profit entity related or affiliated to an institution of higher education 
 
3. A not for profit research organization or a governmental research organization 
 
4. A "Not for profit institution of higher education:" 
 
Most common form of institutions of high education is a college or university. Incidentally most of the colleges and universities in the US are non-profit entities.  
 
5. A "Not for profit entity related or affiliated to an institution of higher education:" 
 
Most common forms of such H-1B sponsors are research labs, medical hospitals, etc., that are affiliated to colleges and universities. Other types employers in this class include those with shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary. 
 
6. A "Not for profit research organization or a governmental research organization:"

It must meet both the criteria that the establishment must be "not for profit" as well as a "research" entity. 

NPZ WANTS TO WISH YOU AND YOURS A VERY HAPPY AND PROSPEROUS 2017 NEW YEAR!!!
  
 
NPZ WANTS TO WISH ALL OF OUR OBSERVANT FRIENDS A VERY HAPPY CHANUKAH!!!